Victims of a transgender-identified, male-born California convict accused of raping fellow inmates at a California women's prison will be forced to police their pronoun usage while recounting the alleged attacks on the stand, per a recent court order. 

Tremaine "Tremayne" Deon Carroll, 52, identifies as a woman, and must be referred to using she/her pronouns in court after a Madera County Court judge's ruling, ABC30 reported. 

Carroll faces two charges of forcible rape and one of "dissuading a witness from testifying." 

"After his first cellmate became pregnant and was moved to [a male-only facility in] Los Angeles, two other cellmates of his had complained that he had raped them, so we have filed rape charges against this inmate," Madera County District Attorney Sally Moreno told ABC30.

3RD-STRIKE 'TRANS' RAPE SUSPECT PROMPTS REBELLION AGAINST CA LAW AFTER ATTACK IN WOMEN'S PRISON

Moreno believes that Carroll abused California law SB 132, the Transgender Respect, Agency and Dignity Act, which allows transgender prisoners to be housed in a facility consistent with their gender identity systematically rather than on a case-by-case basis.

"This is a person who is not a woman in any sense of the word," Moreno told ABC30.

"There's no psychological evaluation that needs to be done," Moreno said of the 2021 bill. "This person does not need to be on cross-gender hormones, they don't need to be signed up for transgender surgery, they don't need to [have] a psychological evaluation regarding gender confusion, the mere statement is enough."

The recent ruling regarding Carroll's pronouns impacts Moreno's ability to prosecute the case, she said. 

"This is a particular issue in this case because it's confusing to the jury. In California, rape is a crime that has to be accomplished by a man," said Moreno.

'YACHT KILLER' GOT TAXPAYER-FUNDED SEX CHANGE WHILE ON DEATH ROW AFTER HARRIS' 'BEHIND THE SCENES' POLICY WORK

Supervising Deputy District Attorney Eric Dutemple told the outlet that the ruling is unfair to Carroll's victims. 

"It's just absolutely insane that a victim would have to get on the stand and police their pronoun usage when trying to recite one of the scariest times of their lives," said Dutemple.

CDCR wrote in a statement that they are unable to comment on pending litigation against inmates. 

"CDCR reviews every request to be transferred under Senate Bill 132 to determine whether that move, based on the individual's case factors, would present a safety and management concern. At all our institutions, CDCR thoroughly investigates all allegations of sexual abuse, sexual misconduct, and sexual harassment pursuant to our zero-tolerance policy and as mandated by the federal Prison Rape Elimination Act," read the statement to ABC 7. 

Amie Ichikawa, founder and executive director of Women II Women and a former inmate who has closely followed Carroll's case, previously told Fox News Digital there is no history of Carroll identifying as any kind of LGBTQ+ person until SB 132 passed.

VIOLENT CONVICT'S TAXPAYER-FUNDED SEX CHANGE CHALLENGED BY STATE AG AFTER JUDGE'S APPROVAL

"This is somebody that I did keep a close eye on because of their history, their background, their habitual manipulation, frivolous lawsuit after frivolous lawsuit, constantly filing complaints against everyone. I knew this was going to be an issue," Ichikawa said. 

"The committee that's reviewing these requests to transfer can't use someone's criminal history, physical attributes, sexual orientation, anything like that," she continued. "Anything that you would think would be a factor that should be taken into consideration before transferring someone to a women's prison is not allowed and deemed discriminatory."

In several complaints reported by Reduxx, Carroll uses he/him pronouns to refer to himself and did not mention gender identity or sexuality until 2021, three months after the Democrat-controlled California legislature passed SB 132. 

Court records show that Carroll's criminal history began with a charge of grand theft of property and possession of a firearm by a minor at 15 years old in 1988. 

In 1990, Carroll was charged as an adult with three counts of kidnapping for ransom, two counts of robbery, and three counts of "oral copulation in concert by force," according to records. However, some of the counts were dismissed on technicalities and the case ended with a hung jury and mistrial. Rather than be retried, Carroll pleaded guilty to two counts of kidnapping and was sentenced to prison for 10 years and eight months. 

Carroll's third strike under California's three-strike law came in 1998 when he was the getaway driver in a jewelry store robbery, leading to a 25-to-life sentence as a three-strike offender. While awaiting trial in 1999, sheriff's deputies, acting on a tip from a confidential informant, found him to be in possession of a metal wire shank. He was given an additional four years to be run consecutively with his 25-to-life term. 

In prison, Carroll committed various serious rule violations between 2001 and 2015. His offenses included fighting with other inmates, refusing to obey orders, drug possession, filing a false report against a peace officer and "behavior that could lead to violence," according to court records. He also filed various complaints alleging racial discrimination and sexual misconduct by CDCR employees. 

"Tremaine has a long history of filing lawsuits against the department, tons of lawsuits. He is constantly writing inmate complaints about everyone and anyone he can have a negative impact on," said Ichikawa.

In a 2022 op-ed for the San Francisco Bay View, a "national Black newspaper," Carroll again claimed to be the victim of discrimination and sexual misconduct by CDCR employees. 

The next year, Carroll was interviewed by MindSiteNews for an article that described him as "an incarcerated transgender woman instrumental in several prison lawsuits." Carroll told the interviewer he "never felt the need" to outwardly identify as anything or "wear lipstick or wear tight clothing or try to change my voice" because doing so would "put me in a box."

Fox News Digital's Christopher Pandolfo and Michael Ruiz contributed to this report

Police in Phoenix say they detained two individuals after three people were shot and one was stabbed following a "family dispute that escalated" at Phoenix Sky Harbor International Airport on Christmas.

Officers received an alert about the incident, which took place outside a restaurant in Terminal 4, around 9:45 p.m., a Phoenix Police Department sergeant said at the scene. 

"Preliminary information suggests a group of known individuals engaged in a physical altercation that escalated to one subject retrieving a handgun from their person," a police media advisory said.

Following the incident, three people had gunshot wounds, with one adult female listed as having "life-threatening" injuries, and two adult males in stable condition with injuries that were non-life-threatening.

HERO OFFICERS AND GOOD SAMARITANS WHO WENT ABOVE AND BEYOND IN 2024

Two people involved were located and detained in the parking garage, police said, identifying them only as "an adult male and a juvenile female." Police said the man had a stab wound and was brought to a hospital, where he was said to be in stable condition.

"There are no active threats at the airport, Detectives are on scene and completing an initial review to learn what led to this incident," Phoenix Police posted to X at 11:58 p.m. Mountain Standard Time. "No flights are affected by this ongoing investigation."

BOY, 8, SAVES CHOKING FRIEND WITH HEIMLICH MANEUVER: SEE THE VIDEO

A shelter-in-place for the airport was lifted around 10:30 p.m., local FOX 10 reported. Terminal operations and the Phoenix Sky Train were briefly paused as precautions, an airport statement obtained by the TV station said.

Thursday morning, a FOX 10 reporter said the entrance to B and C gates in Terminal 4 were still blocked off.

The sergeant at the scene Wednesday night said that in a separate incident, another man was falsely told of an active shooter situation at the airport and arrived armed. He got into an altercation with an officer and was detained prior to being booked into jail. No injuries were reported in the second incident.

Weapons were recovered from both incidents, police said.

No identities have been released by police. Fox News Digital has reached out to police for the latest in the investigation. 

The two major airlines that operate out of Sky Harbor's Terminal 4 are American and Southwest, according to the airport's website.  

If you’re like me, your home Wi-Fi is at the center of almost everything you do online, whether it’s online banking, paying bills, booking trips, chatting with friends or streaming movies.

These days, it’s not just your laptop and phone connected to the network, but also things like security cameras, thermostats and even air conditioners are all managed by your router. But be honest, when was the last time you did anything to secure your router? It’s easy to forget about it, especially if it’s working fine. The thing is, a lot of people feel the same way, and a study reveals this "out of sight, out of mind" attitude could be putting millions at serious risk.

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The 2024 Broadband Genie router security survey has uncovered some startling facts about how internet users approach router security. Over half of respondents (52%) admitted they have never adjusted their router’s factory settings. Even more concerning, 86% of users have never changed their router administrator password. Leaving the default admin password unchanged is like leaving your front door unlocked. It’s an open invitation for hackers to exploit.

Similarly, 72% of respondents have never changed their Wi-Fi password. Default passwords are often easily accessible and can be exploited in seconds by knowledgeable attackers. Firmware updates, essential for patching vulnerabilities and enhancing router functionality, are also largely ignored. An overwhelming 89% of users have never updated their router’s firmware. While newer routers often handle updates automatically, user awareness and action remain vital for those with older devices.

Another glaring issue is the failure to change default network names, such as "SKY12345" or "Linksys-7890." These identifiers can provide hackers with crucial information about the router model, making it easier to exploit known vulnerabilities. Yet, 89% of respondents have never changed their network name.

CLEVER TRICK TO MAKE A CONNECTION FASTER ON YOUR WI-FI NETWORK

Alarmingly, 75% of users have never checked to see who is connected to their network. With an average home now hosting around 12 connected devices, failing to monitor network activity could lead to unauthorized access and potential data breaches. Even more worrying, three-quarters of respondents do not understand why adjusting router settings is important, showing a significant gap in awareness about the risks associated with default configurations.

"In 2022, we ran a similar study and found 48% had never touched their router's factory settings. It’s concerning that not only has the number come down after two years, it’s got worse," said Alex Tofts, strategist at Broadband Genie.

"Most concerning is the very high percentage of broadband subscribers who don’t even know why they should be making any of these changes. This exposes a clear knowledge gap, and users need to be educated more about the simple steps they can take to help prevent cyberattacks."

HOW TO CHECK IF SOMEONE IS STEALING YOUR WI-FI

Keeping your home network secure is essential to prevent unauthorized access and potential data breaches. Follow these steps to safeguard your Wi-Fi router:

1) Change default passwords: Most routers come with default passwords that hackers can easily find online. To secure your router, change both the admin password (used to access settings) and the Wi-Fi network password. Use a strong password with at least 12 characters, combining uppercase and lowercase letters, numbers and symbols. Avoid simple options like "password123" or personal details such as your name or birth date.

2) Rename your network (SSID): The default network name, or SSID, often includes the router’s brand or model, making it easier for hackers to identify vulnerabilities. Rename your network to something unique that doesn’t reveal personal information. Avoid using names, addresses or other identifiers. Instead, opt for a neutral or creative name that’s easy for you to recognize but hard for others to associate with you.

3) Keep your router’s firmware updated: Router manufacturers release firmware updates to patch security flaws and enhance performance. Check your router’s admin panel regularly for updates or enable automatic updates, if supported. Keeping your firmware up to date ensures you’re protected against the latest threats. If your router is too old to receive updates, it might be time to upgrade to a newer, more secure model.

4) Monitor network activity regularly: Unauthorized devices on your network can slow it down and expose you to risks. Log into your router’s admin settings to view all connected devices. If you see anything suspicious, disconnect it and immediately change your Wi-Fi password. You can also enable MAC address filtering to control which devices can access your network or disable features like WPS (Wi-Fi Protected Setup) that may leave you vulnerable.

5) Enable network encryption: Use the strongest encryption protocol available for your router, preferably WPA3 or at least WPA2. Encryption scrambles the data transmitted over your network, making it much harder for hackers to intercept and decipher your information.

6) Regularly reboot your router: Schedule routine reboots to clear the system memory and refresh all connections, which may disrupt potential malware.

TOP ROUTERS FOR BEST SECURITY 2024

Pro tip: Use strong antivirus software: To further protect your devices from malware and other threats, consider using reputable antivirus software. Antivirus programs can detect and remove malicious software, provide real-time protection and alert you to potential threats. Keeping your devices secure helps ensure your entire network remains safe from cyberattacks.

The best way to safeguard yourself from malicious links that install malware, potentially accessing your private information, is to have antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe. Get my picks for the best 2024 antivirus protection winners for your Windows, Mac, Android and iOS devices.

Cybercriminals are constantly evolving the ways they target us, which means securing just your phone or laptop isn’t enough anymore. You need to be cautious with anything connected to the internet, whether it's your router, smart cameras or doorbell. However, the Broadband Genie survey reveals that only a small number of people are aware of the best cybersecurity practices when it comes to protecting their routers. As a basic rule, always remember to change default passwords and rename your router’s network to ensure better security.

What are your biggest concerns when it comes to cybersecurity? Let us know by writing us at Cyberguy.com/Contact.

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Data breaches are becoming an alarming trend, and health care incidents stand out for their potentially lifelong consequences. I just reported how a data breach at a physician-led vein center exposed almost half a million people’s data to hackers. And now, another health care data breach has come to light and this one affects even more people. The data breach exposes sensitive personal and medical information belonging to over 910,000 patients through ConnectOnCall, a telehealth platform and after-hours call service owned by Phreesia.

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Health care software provider Phreesia has revealed that its ConnectOnCall service was hit by a data breach that lasted from Feb. 16 to May 12, 2024. During this time, an unknown hacker gained access to the platform and pulled data from provider-patient communications. ConnectOnCall helps health care providers handle after-hours communication and automate patient call tracking.

Phreesia, which bought ConnectOnCall in October 2023, discovered the breach on May 12 and says it jumped into action right away. The company brought in external cybersecurity pros to lock down the platform and reported the breach to federal law enforcement.

"On May 12, 2024, ConnectOnCall learned of an issue impacting ConnectOnCall and immediately began an investigation and took steps to secure the product and ensure the overall security of its environment," the company revealed in a press release.

According to a report filed with the U.S. Department of Health and Human Services, the breach impacted 914,138 patients (via Bleeping Computer). The stolen data includes names, phone numbers, medical record numbers, dates of birth and details about health conditions, treatments or prescriptions. In a few cases, Social Security numbers were also compromised.

Phreesia claims its other services, like the patient intake platform, were not affected. The company has since taken ConnectOnCall offline and is working on bringing it back in a more secure setup.

We reached out to ConnectOnCall for a comment but did not hear back by our deadline.

UNDERSTANDING BRUSHING SCAMS AND HOW TO PROTECT YOURSELF

The impact of this breach is significant due to the sensitive nature of health care data. Unlike financial breaches, where compromised accounts can be frozen or replaced, health information is permanent and highly sought after on the dark web. Cybercriminals may exploit this data to commit identity theft, including obtaining prescription drugs fraudulently or filing false insurance claims.

Plus, the detailed health information exposed – such as diagnoses, treatments and medications – can be used for targeted phishing attacks. Scammers could exploit victims’ medical histories to create highly convincing schemes, increasing the likelihood of success.

Phreesia has mailed notification letters to all affected individuals for whom health care providers had valid mailing addresses as of Dec. 11, 2024. For those whose Social Security numbers were exposed, the company is offering identity and credit monitoring services.

CYBER SCAMMERS USE AI TO MANIPULATE GOOGLE SEARCH RESULTS

1) Regularly monitor your financial and medical accounts: Periodically review your medical records and health insurance statements for any unusual or unauthorized activity. This can help you quickly identify and address any discrepancies or fraudulent activities.

Use patient portals provided by health care providers to access your medical records online. These portals often have features that allow you to track your medical history and appointments. 

2) Use strong passwords and two-factor authentication (2FA): Create strong, unique passwords for your online accounts, including health care portals. Avoid using easily guessable information like birthdays or common words. Consider using a password manager to generate and store complex passwords.

3) Enable two-factor authentication wherever possible: 2FA adds an extra layer of security by requiring a second form of verification, such as a text message code or authentication app, in addition to your password.

4) Don’t fall for phishing scams; use strong antivirus software: Be mindful of the information you share online and with whom you share it. Avoid providing sensitive personal information, such as Social Security numbers or medical details, unless absolutely necessary. Verify the legitimacy of any requests for personal information. Scammers often pose as health care providers or insurance companies to trick you into revealing sensitive data by asking you to click on links in emails or messages.  

The best way to safeguard yourself from malicious links is to have antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe. Get my picks for the best 2024 antivirus protection winners for your Windows, Mac, Android and iOS devices.

5) Use identity theft protection services: Consider enrolling in identity theft protection services that monitor your personal information and alert you to potential threats. These services can help you detect and respond to identity theft more quickly. Some identity theft protection services also offer insurance and assistance with recovering from identity theft, providing additional peace of mind. See my tips and best picks on how to protect yourself from identity theft.

6) Freeze your credit: A credit freeze prevents anyone from opening new credit accounts in your name without your authorization, reducing the risk of identity theft. Contact the major credit bureaus (Experian, Equifax and TransUnion) to request a credit freeze. This is often free and can be temporarily lifted when you need to apply for credit.

 7) Remove your personal data from the internet: After being part of a data breach, it’s crucial to minimize your online presence to reduce the risk of future scams. Consider using a personal data removal service that can help you delete your information from various websites and data brokers. This can greatly diminish the chances of your data being used maliciously. Check out my top picks for data removal services here.

DON’T LET SNOOPS NEARBY LISTEN TO YOUR VOICEMAIL WITH THIS QUICK TIP

The ConnectOnCall health data breach highlights the critical need for robust cybersecurity measures within the health care sector, where the stakes are often much higher than in other industries. With over 910,000 patients affected, this incident shows the serious risks posed by cyberattacks on health care platforms. Sensitive data like medical records and Social Security numbers are permanent and can be misused for identity theft and fraud. If you were impacted, stay vigilant by monitoring your accounts, enabling fraud alerts and considering identity theft protection services. 

Do you think health care providers should face stricter regulations for protecting sensitive patient information? Let us know by writing us at Cyberguy.com/Contact.

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Copyright 2024 CyberGuy.com. All rights reserved.

New York Gov. Kathy Hochul, a Democrat, has ordered the firing of more than a dozen prison staffers in connection with the fatal beating of an inmate earlier this month.

Hochul said in a statement Saturday that she has directed the state's corrections department commissioner to begin the process of terminating 14 workers involved in a Dec. 9 incident at the Marcy Correctional Facility in Oneida County that led to 43-year-old Robert Brooks' death the following day at a hospital.

Brooks had been in prison since 2017 and was serving a 12-year sentence for first-degree assault.

The governor's office said the decision came after an internal review, but did not offer details on the circumstances leading up to Brooks' death.

HOCHUL SLAMMED FOR SAYING SHE'S MADE SUBWAYS SAFER ON SAME DAY WOMAN BURNED ALIVE ON TRAIN

"The vast majority of correction officers do extraordinary work under difficult circumstances, and we are all grateful for their service," Hochul said. "But we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse."

The corrections department provided a list of 13 employees, including corrections officers, sergeants and a nurse who have been suspended without pay. It also included another corrections officer who resigned.

State Department of Corrections Commissioner Daniel Martuscello III condemned the staffers' involvement and said the suspensions are "in the best interest of the agency and the communities we serve."

LOUISIANA PRISONS ROUTINELY HOLD INMATES PAST THEIR RELEASE DATE, JUSTICE DEPARTMENT ARGUES

"There is no place for brutality in our department and we will vigorously pursue justice against the individuals who committed this senseless act," he said in a statement to The Associated Press. "These investigations are ongoing and additional suspensions may be issued."

Brooks' family said in a statement from their lawyer that they are "incredibly shocked and saddened" about the death, according to The Times-Union in Albany.

"We are grateful that Gov. Hochul is taking swift action to hold officers accountable, but we cannot understand how this could have happened in the first place," the family said. "No one should have to lose a family member this way."

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State Attorney General Letitia James, a Democrat, said her office is also investigating the use of force by corrections officers that led to Brooks' death. She said her staff has obtained video of the incident and it will be made public after Brooks' family has seen it.

"Law enforcement professionals must be held to the highest standards of accountability, and I am committed to providing New Yorkers with the transparency they deserve," James said in a statement.

The Associated Press contributed to this report.

President Biden is commuting the sentences of nearly all the inmates on federal death row, a move that comes not even two weeks after he went through with the "largest single-day grant of clemency" in American history, the White House announced Monday.

Of the 40 inmates on federal death row, according to DeathPenaltyInfo.org, Biden is commuting 37 men sentenced to death, reclassifying their sentences to life without the possibility of parole.

The three inmates not included are: Robert Bowers, who is responsible for the mass shooting at the Tree of Life Synagogue in 2018, which left 11 people dead; Dylann Roof, a White supremacist who killed nine Black parishioners at Emanuel AME Church in Charleston, South Carolina, in 2015; and Dzhokhar Tsarnaev, who worked with his now-dead brother to perpetuate the 2013 Boston Marathon bombing that killed three people and injured hundreds.

BIDEN SETS RECORD WITH FIRST-TERM CLEMENCY GRANTS, HERE'S HOW OTHER PRESIDENTS RANK

The men being resentenced to life in prison without the possibility of parole are convicted of various murderous acts against one person or multiple. Among the victims of the 37 men are law enforcement officers, children and other inmates.

A handful of the men on death row were also set to be executed with their co-defendants.

Biden, who only supports the death penalty at the federal level for "terrorism and hate-motivated mass murder," said this move will prevent President-elect Donald Trump's administration from "carrying out the execution sentences that would not be handed down under current policy and practice," according to the White House statement.

The president declared a moratorium on federal executions after taking office in 2021.

TRUMP EXECUTION RESTART TO PUT BOSTON MARATHON BOMBER, CHARLESTON CHURCH SHOOTER, MORE KILLERS IN HOT SEAT

The convicted murderers who will now escape execution include: Marcivicci Barnette, who killed a man in a carjacking and his ex-girlfriend; co-defendants Brandon Basham and Chadrick Fulks, who kidnapped and killed a woman after escaping prison; Anthony Battle, who killed a prison guard; Jason Brown, who stabbed a postal worker to death; Thomas Hager, who committed a drug-related killing; David Runyon, who participated in the murder-for-hire plot of a Naval officer; Thomas Sanders, who kidnapped and killed a 12-year-old girl; Rejon Taylor, who carjacked, kidnapped and killed a restaurant owner; and Alejandro Umana, who killed two brothers inside a restaurant.

Two men were on death row for the murders of witnesses: police officer Len Davis, who ordered the murder of a witness who was part of an investigation into a misconduct complaint against him, and Ronald Mikos, who killed a federal grand jury witness in a Medicare fraud investigation.

Ex-Marine Jorge Torrez was set to be executed for killing another servicemember.

The list also includes men who committed deadly bank robberies, such as co-defendants Billie Allen and Norris Holder, who killed a bank guard during their crime; Brandon Council, who killed two bank employees; and Daryl Lawrence, who killed a special-duty police officer during an attempted bank robbery.

BIDEN COMMUTES 1,500 JAIL SENTENCES, GRANTS PARDONS FOR 39 OTHERS: 'LARGEST SINGLE-DAY GRANT OF CLEMENCY'

Co-defendants James Roane, Jr., and Richard Tipton committed a series of drug-related murders as gang members with Corey Johnson, who was executed in 2021. 

Julius Robinson killed two people over drugs, and so did co-defendants Ricardo Sanchez, Jr., and Daniel Troya, who killed a family, including two children.

Drug lord Kaboni Savage murdered or directed someone else to murder 12 people during a 16-year period – including an arson that killed six members of a federal informant's family.

Edward Fields was on death row for murdering two campers on federal land, while Marvin Gabrion and Richard Jackson were both there for killing a woman on federal land in separate cases.

Co-defendants Jurijus Kadamovas and Iouri Mikhel were convicted of kidnapping and killing five Russian and Georgian immigrants for ransom.

Lastly, the following men were sentenced to death in various cases for killing a prisoner in federal prison: Shannon Agofsky, Carlos Caro, co-defendants Wesley Coonce and Charles Hall, co-defendants Christopher Cramer and Ricky Fackrell, Joseph Ebron and co-defendants Edgar Garcia and Mark Snarr.

Monday's commutations join Biden's list of similar moves during his presidency, which have sparked mixed reactions from lawmakers on both sides of the aisle and have outpaced any president in modern history when compared to length of service.

Biden faced criticism earlier this month when he commuted the sentences of nearly 1,500 prisoners placed in home confinement during the COVID-19 pandemic and pardoned 40 others, including his son, Hunter.

As of Dec. 13, Biden has pardoned a total of 65 individuals and commuted sentences for 1,634 inmates during his time as president, according to the Department of Justice.

"The President has issued more sentence commutations at this point in his presidency than any of his recent predecessors at the same point in their first terms," White House officials said in a previous statement.

PRO-TRUMP PRISON WARDEN ASKS BIDEN TO COMMUTE ALL DEATH SENTENCES BEFORE LEAVING

Various groups and people, including former corrections officials, praised Biden's decision ahead of the public announcement, calling him "courageous" and thanking him for sending a "strong message."

Biden was urged by 28 former corrections officials in a letter to commute sentences on federal death row for the safety of federal correctional professionals who participate in executions.

"President Biden has made a courageous decision that will benefit many within the federal Bureau of Prisons. Resources can be allocated more rationally, and staff will not face the harm of participating in executions any time soon. I hope state leaders follow suit, for the benefit of their own correctional staff," said Justin Jones, the former Director of the Oklahoma Department of Corrections.

Bryan Stevenson, founder and executive director of the Equal Justice Initiative, was also among those who issued a statement, saying, in part, that this decision "marks an important turning point" and sends a "strong message to Americans that the death penalty is not the answer to our country's concerns about public safety."

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Biden said he does condemn the murderers and their "despicable acts," and he grieves for the victims and families who have suffered "unimaginable and irreparable loss," but he "cannot stand back and let a new administration resume executions that I halted," according to the White House statement.

It also said Biden will use the last few weeks of his presidency to "provide meaningful second chances" and "review additional pardons and commutations."

A prankster was recently arrested and charged after allegedly spraying bug killer on food in an Arizona Walmart, police say.

Charles Smith, 27, was charged with felony-level poisoning and misdemeanor-level criminal damage, in addition to misdemeanor charges of endangerment and theft. The Mesa Police Department confirmed the arrest in a statement to Fox News Digital.

The incident began on Dec. 19 at around 8:30 p.m., police said, when the suspect entered a Mesa Walmart "intending to film pranks for social media." He then grabbed a can of bug killer "without paying for it," according to the police's statement.

According to the authorities, Smith aimed the spray at both produce and prepared food items, such as rotisserie chickens.

THIEVES STEAL 2,500 PIES IN ODD FOOD HEIST GONE WRONG: 'SO MUCH WASTE'

"He then sprayed the pesticide on various produce items, including vegetables, fruit, and rotisserie chickens that were available for purchase," the Mesa Police Department's statement said. "Smith filmed his face, the pesticide can, and the act of spraying. He later posted the video online."

Smith later voluntarily turned himself in and admitted to the crimes.

"Through investigative means, and with assistance from the Tempe Police Department, detectives were able to identify Smith as the suspect," the statement added. "Mesa Police contacted Smith and he turned himself in voluntarily. During the interview, Smith admitted to the theft and spraying of the pesticide."

WOMAN 'STILL SUFFERING' AFTER BEING KNOCKED OUT BY A CAULIFLOWER WHILE GROCERY SHOPPING

"Thanks to the tireless work of our officers and detectives, an arrest occurred less than 24 hours after police were notified of the incident," the police department continued. "We also extend our gratitude to the Tempe Police Department for their valuable contributions and collaboration in quickly solving this case."

Authorities added that the incident exemplifies "the potential dangers of reckless actions disguised as social media pranks."

On Sunday, Walmart told Fox News Digital that customer safety "is always a top priority," and confirmed that all tainted products were removed from shelves.

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"We have removed all directly impacted product and have cleaned and sanitized the affected area of the store," the company continued. "We apologize for any inconvenience this may have caused our customers as we work to resolve this issue. We will continue to work closely with law enforcement during their investigation."

Police have arrested a person of interest after a woman was set on fire and burned to death on a subway train in Brooklyn, New York, on Sunday in a horrifying and disturbing crime.

The New York City Police Department (NYPD) said it happened at the Stillwell Avenue Subway station in Coney Island at about 7:30 a.m.

Police said the woman was sleeping on a stationary "F" train.

That's when police said an unknown man approached the woman and lit her on fire before leaving the subway car.

VIRGINIA MAN CHARGED WITH PLANNING ‘MASS CASUALTY’ ATTACK AT NYC ISRAELI CONSULATE

EMS pronounced the woman dead at the scene.

Horrifying video posted online appears to show the woman standing in the train while engulfed in flames. A man, who matches the description of the suspect, is seen sitting on a bench just outside the train, watching as the woman burns. 

TREN DE ARAGUA GANG MEMBERS ARRESTED IN NYC APARTMENT NEXT TO DAYCARE FACILITY

The suspect was last seen wearing a gray hooded sweatshirt, blue jeans, a dark beanie with a red band and brown boots, police said.

VENEZUELAN GANG MEMBERS LINKED TO VIOLENT APARTMENT TAKEOVER ARRESTED IN NEW YORK CITY

Police encourage anyone with information about the incident to call the NYPD’s Crime Stoppers Hotline at 1-800-577-TIPS (8477) or, for Spanish, 1-888-57-PISTA (74782).

Tips can also be submitted by going to crimestoppers.nypdonline.org.

Aurora Police have confirmed that several members of the violent Venezuelan gang Tren de Aragua (TdA) were involved in an "incredibly violent" armed home invasion and kidnapping that left two victims seriously injured in an apartment complex this week. 

"I will say without question, in my opinion, that this is TdA activity. Some of these individuals have been identified as TdA gang members," Aurora Police Chief Todd Chamberlain said. "It's something that we are working very close with our partners in HSI [Homeland Security Investigations] and DHS [Homeland Security] to establish their relationship with gangs."

Chamberlain said authorities have little way of confirming that a suspect is a member of TdA since gang members do not typically broadcast their affiliation. 

"It is a real challenge to try to say, ‘Hey, 100%, you are a gang member,’" he said.

TREN DE ARAGUA GANG MEMBERS ARRESTED IN NYC APARTMENT NEXT TO DAYCARE FACILITY

Chamberlain said it was not a "big step" for him to identify them as members of the notorious Venezuelan gang.

"But when you look at the circumstances of this, when you look at the events of this, when you look at the individuals involved in this, when you look at the veracity and the violence involved in this, again, it is not a big step for me to say that they are TdA gang members," he said.

The gang members allegedly forced their way into a couple’s apartment at the Edge at Lowry Apartments in the Denver suburbs and bound, beat, stabbed and kidnapped the victims, leaving them hospitalized. The perpetrators also allegedly stole jewelry from the victims.

SANCTUARY CITY DENVER SPENDING A WHOPPING $356 MILLION ON MIGRANTS: STUDY 

While the department cannot yet confirm whether all 19 of the suspects detained in the incident are TdA members, Chamberlain said he could categorically confirm that several are part of the gang that has been terrorizing Aurora residents in recent months. 

WATCH:

Chamberlain said one of the detained TdA members was also involved in the violent apartment takeover in Aurora earlier this year. 

According to Chamberlain, this was not an isolated incident. He said the TdA members and their affiliates have regularly mistreated the couple and were extorting them for $500 every two weeks. He believes the couple were not the only victims being intimidated and extorted by the gang members. 

Chamberlain also said Aurora Police are fully cooperating with ICE, DHS and Homeland Security Investigations to determine the identities and potential gang affiliation of those involved in the incident. 

A total of 19 suspects were detained for questioning, three of whom have since been released and eight of whom are now in ICE custody. He said eight are still under investigation. 

"Those pending charges range from everything from second-degree kidnaping, aggravated robbery, first-degree assault, extortion and burglary," he said.

Police have not released the names of the 16 arrested individuals.

The police chief reiterated that authorities did not conduct a "mass sweep" for the suspects, but instead went door to door to thoroughly investigate all parties involved.

During a press conference, Chamberlain emphasized that Aurora Police would respond to calls and help any victim in trouble "regardless of immigration status."

Several suspected members of the bloodthirsty Venezuelan gang Tren De Aragua (TdA) were busted hiding out in a New York City apartment building located next to a daycare center, a law enforcement source tells Fox News, underlining how the gang has immersed itself among the general population in the sanctuary city. 

The New York Post was first to report on the Bronx bust with the publication reporting that seven suspected members of TdA – which has been terrorizing cities across the nation following – were arrested inside the apartment building and were sought on multiple warrants after crossing the US border with Mexico. 

The raid on the Bronx five-story apartment building, which is located next to the Doña Juana Day Care facility, took place on Dec. 5 and was carried out by Homeland Security Investigations (HSI) and the NYPD's federal task force, a law enforcement source tells Fox News. A separate raid took place in Brooklyn with 22 suspected members of the gang scooped up in both raids. 

A worker at the daycare center tells Fox News Digital that there were children inside the facility when the raid took place. 

VENEZUELAN GANG MEMBERS LINKED TO VIOLENT APARTMENT TAKEOVER ARRESTED IN NEW YORK CITY

The vicious gang has taken advantage of a lax southern border under the Biden-Harris administration, with many of its foot soldiers swarming the U.S. and unleashing hell on unsuspecting communities. The gang has been engaged in all sorts of violent crime, including murders, shootings of police officers, assaults, robberies and gun smuggling into migrant shelters.

The alleged gangbangers were traced to the Bronx apartment after tracking the ankle monitor of suspected TdA member Jarwin Valero-Calderon to the hideout on the edge of Crotona Park, sources told The Post. Crotona Park is where President-elect Trump held a campaign rally in May. 

The NYPD confirmed to Fox News that Valero-Calderon was one of those who was taken into custody on Dec. 5 on a federal arrest warrant. 

According to the Post, Valero-Calderon entered the U.S. at Eagle Pass, Texas, in August 2022 and was released with a court date. In the meantime, he racked up a long rap sheet in multiple states before being ordered deported in April but was still on the loose on Dec. 5, the Post reports, citing sources.

Valero-Calderon reported to a US Immigration and Customs Enforcement (ICE) office in New York City in September 2022 but then went on his crime spree.

VENEZUELAN MIGRANT GANG TREN DE ARAGUA NOW OPERATING IN 16 STATES: REPORT

He was twice busted on larceny charges in New York and New Jersey with a conviction in June 2023. He was also arrested on a separate petty larceny conviction in Nassau County on April 24, 2023, before being arrested in Florida in February for fraud, larceny and resisting arrest, according to the Post.

Other suspected TdA members arrested in the raid, according to the Post, include Angel Gabriel Marquez Rodriguez, 19, who was arrested in Chicago last year on a shoplifting charge then four months later was busted on larceny charges in New York City and again three months later.

Jhonaiker Alexander Gil Cardozo, 24, was also arrested by the NYPD on grand larceny and stolen property charges back in July and had two other Big Apple busts in June for reckless endangerment and robbery but was left out on the streets.

Last week, New York City Mayor Adams sat down with incoming border czar Tom Homan and agreed to work with the new Trump administration in weeding out migrant criminals in the city. It was met with pushback by some Democrats.

News of the raids was welcomed by New York City Council Member Joe Borelli of Staten Island. 

"This is a gang that set up camp in our city, and it is beyond the pale that the Democratic Party is entrenched against having the NYPD cooperate with ICE to remove them," Borelli told Fox News Digital. "They are actively recruiting members among the migrant community and unfortunately, spend most of their time terrorizing those very same people."

"Mayor Adams should use every resource available to end the city law that precludes the NYPD from cooperating with ICE because it is specific groups like this that make me question the sanity of people who seek to protect them and ensure they remain here."

Those comments were echoed by Rep. Nicole Malliotakis, R-N.Y. who told "Maria Bartiromo's Wall Street" that Democrats have been weakening laws to allow for illegal immigrants, gangs and criminal organizations to stay within New York and "wreak havoc."

"It's good news that we're hearing Eric Adams change tune, but quite frankly, he has the ability right now under existing law to cooperate with Ice detainer requests for people who are hardened criminals for violent offenders, for sex offenders," Malliotakas said. 

Late last month, two members of the violent gang who participated in a caught-on-camera-armed apartment invasion in Aurora, Colorado, were captured in New York City. 

Denyeer Aramillo Meneses, 23, and Edison Pena Angulo, 25, both pictured in the viral video, were nabbed in the Bronx by an NYPD gang task force and Homeland Security in a major credit card scam and drug trafficking bust.

Fifteen suspected members of the notorious gang were picked up after a six-month investigation into the gang’s crimes that led to a drug ring, sources told the New York Post. 

Fox News’ Christina Coulter contributed to this report.

Law enforcement organizations and unions nationwide are throwing their support behind Republican South Dakota Gov. Kristi Noem as Department of Homeland Security chief, citing her as the "best leader to restore justice" and tackle immigration woes left over from the Biden administration. 

"We respectfully urge you and your colleagues in the Senate to confirm Governor Noem without delay. The border security crisis demands immediate attention, and the confirmation of Governor Noem is a critical step in addressing this urgent issue," International Union of Police Associations Local 6020, Broward Deputy Sheriffs Association, President Donald Prichard wrote in one of the endorsement letters to Sen. Rand Paul, R-Ky., earlier this month. 

At least eight police groups or unions have issued letters to Paul, calling on the upcoming chairman of the committee on Homeland Security and Governmental Affairs to swiftly confirm Noem to combat the immigration crisis along the southern border, as well as stem the flow of deadly narcotics coming across the border and crack down on crime. Trump announced Noem as his pick for DHS chief shortly after his decisive win over Vice President Kamala Harris in November. 

The DHS oversees U.S. Customs and Border Protection, Immigration and Customs Enforcement, the U.S. Secret Service and the Federal Emergency Management Agency. 

'KNOWS HOW TO GET THINGS DONE': BORDER PATROL UNION RALLIES AROUND NOEM AS DHS CHIEF

Law enforcement groups that have endorsed Noem include: the National Fraternal Order of Police, the largest organization of sworn law enforcement officers in the U.S.; the National Association of Police Organizations; the International Union of Police Associations; the Toledo Police Patrolman’s Association; International Union of Police Associations Local 6020; the Federal Law Enforcement Officers Association; the Police Officers Association of Michigan; and the National Border Patrol Council. 

'SECURE OUR BORDER': MASSIVE POLICE ORG CALLS FOR SWIFT CONFIRMATION OF NOEM TO DHS

The Police Officers Association of Michigan – the Great Lakes State’s largest law enforcement group – endorsed Noem in a letter to Paul this month, lamenting that, under the Biden administration, police have faced a more difficult job as illegal immigration moved north and rocked the state. 

"We represented our members as they reported for work every day while others remained home during COVID and as groups of rioters attacked our members with a variety of weapons," James Tignanelli, the president of the Michigan police group, wrote in a letter to Paul on Dec. 5. 

"The job has grown even more difficult because the Biden Administration has intentionally failed to enforce our immigration laws. Criminal aliens and deadly fentanyl have crossed our open borders and have increased crime in both rural and urban communities across Michigan. We always had the northern border to patrol. Now, the open border across the south has consumed Michigan as well. The current leadership of the Department of Homeland Security has betrayed us. Claims of ‘the border is secure’ were and are absurd," he continued. 

The National Border Patrol Council, a union representing about 18,000 Border Patrol agents, called on Paul and his Senate colleagues to "quickly" consider Noem’s confirmation. 

TRUMP SELECTS SOUTH DAKOTA GOV KRISTI NOEM TO RUN DEPARTMENT OF HOMELAND SECURITY

"On behalf of the men and women of the National Border Patrol Council (NBPC) who protect our nation's borders, we are excited to provide our support for President-elect Donald Trump’s nominee, Governor Kristi Noem, to be the next Secretary of the Department of Homeland Security," National Border Patrol Council President Paul Perez wrote in a letter this month. 

The union said Noem has already established her ability to "get things done" both at home in South Dakota, and on the national stage when she aided Texas’ "Operation Lone Star" to battle the immigration crisis. 

​​"Governor Noem was the first governor to deploy National Guard personnel to the border in Texas to support Operation Lone Star. This deployment bolstered our resources at a critical time along the border and helped to protect Texans and Americans alike."

GOV KRISTI NOEM REFLECTS ON TRUMP WIN, SAYS DEMOCRATS 'TRY TO PUT WOMEN IN A BOX'

Noem has repeatedly deployed South Dakota National Guard troops to the southern border in Texas to help stem illegal border crossings as part of Operation Lone Star. 

"The border is a war zone, so we’re sending soldiers," Noem said in a press release in February, which marked the fifth deployment of National Guard troops to the border under the Biden administration. "These soldiers’ primary mission will be construction of a wall to stem the flow of illegal immigrants, drug cartels, and human trafficking into the United States of America."

Fraternal Order of Police President Patrick Yoes wrote in his letter to Paul that his organization also looks "forward to working with [Noem] to secure our border." 

"The U.S. Department of Homeland Security (DHS) employs more law enforcement than any other Federal department, and as such we ask the Committee to expeditiously review and confirm nominees as soon as possible to ensure a seamless transition. We especially encourage the committee to hold the earliest possible hearing on Governor Kristi L. Noem to be the next Secretary of the U.S. Department of Homeland Security. The FOP supports her nomination, and we look forward to working with her to secure our border," Yoes wrote. 

WHAT TO KNOW ABOUT KRISTI NOEM, THE 'BORDER HAWK' NOMINATED BY TRUMP TO LEAD DHS

Trump, who ran on a pledge to end the immigration crisis at the southern border and crack down on the deadly drug epidemic ravaging communities across the nation, announced his nomination of Noem just days after winning the election. 

"Kristi has been very strong on Border Security. She was the first Governor to send National Guard Soldiers to help Texas fight the Biden Border Crisis, and they were sent a total of eight times. She will work closely with ‘Border Czar’ Tom Homan to secure the Border, and will guarantee that our American Homeland is secure from our adversaries. I have known Kristi for years, and have worked with her on a wide variety of projects – She will be a great part of our mission to Make America Safe Again," he wrote last month in his announcement. 

EX-TRUMP OFFICIAL PREDICTS ‘ENTIRE MINDSET CHANGE’ AT SOUTHERN BORDER, HAILS ‘FANTASTIC’ PICK TO LEAD DHS 

Noem has served as governor of the Mount Rushmore State since 2019, and notably gained national attention and praise from conservatives during the pandemic when she bucked lockdown orders and mask mandates common in liberal states such as California and New York. Ahead of her tenure as governor, Noem served in the U.S. House from 2011 to 2019. 

Noem was on Capitol Hill this month meeting with senators to rally support for her confirmation, including meeting with Paul. 

"My first order of business will be getting her confirmed, and I plan on trying to do that either the day of the inauguration or that week," Paul said on The Cats Roundtable with John Catsimatidis earlier this week.  

Identity theft has become a pervasive issue, affecting millions of Americans each year. In 2023 alone, American adults lost a staggering $43 billion to identity fraud. The following story illustrates the devastating impact this crime can have on individuals:

Paula Disberry, a former Colgate-Palmolive employee, was living a comfortable life when she discovered that her 401(k) account had been drained of $750,000. The shock came when she tried to access her account online, only to find it blocked. 

A fraudster had impersonated her, changing her contact details and withdrawing her entire retirement savings in a single transaction. Stories like this of financial identity theft are becoming all too common. If you live in the U.S., you’ve likely already encountered one, or worse, experienced it firsthand.

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The FBI's Internet Crime Report for 2023 reveals that adults 60 and above accounted for 24.08% of all identity theft claims and suffered 41.46% of the total financial losses. While they may not face a higher risk of becoming victims, the financial toll is significantly greater than any other age group. Older adults, especially those over 60, often feel the impact more deeply. Why? They typically have more assets than younger individuals and are less likely to monitor their bank accounts daily.

DON'T GET CAUGHT IN THE ‘APPLE ID SUSPENDED’ PHISHING SCAM

Identity theft has been a concern for centuries, with one of the most famous historical impostors being Frank Abagnale Jr. Abagnale claims to have successfully impersonated various professionals in the 1960s, including a Pan Am pilot and a doctor, forging checks and documents to amass a small fortune. His alleged exploits were so notorious that they inspired the film "Catch Me If You Can."

While Abagnale's story is a dramatic example, modern identity theft has evolved into a more pervasive threat, particularly with the rise of digital technology. The widespread availability of personal information on the web, combined with a lack of regulation preventing companies from collecting data without consent, has made it easier for criminals to exploit personal data. The scale is massive, and the impact can severely disrupt your life and that of your family.

KURT’S PICK FOR REMOVING YOUR PERSONAL DATA FROM THE INTERNET

YOUR EMAIL DIDN'T EXPIRE, IT'S JUST ANOTHER SNEAKY SCAM

Being aware of the warning signs of identity theft can help you take action before it's too late. Here are some red flags to watch for.

Unexplained account activity: Keep an eye out for unfamiliar transactions or changes in your bank or credit card statements that you don’t recognize.

Credit report changes: Regularly check your credit report for new accounts that you did not open or inquiries from lenders that you did not initiate.

Missing mail or bills: If you stop receiving bills or other important mail, it could indicate that someone has changed your address without your knowledge.

Unexpected denials: If you're denied credit unexpectedly, it might be a sign that someone is using your information to apply for loans or credit cards.

Strange communication: Be cautious of emails, texts or calls asking for personal information, especially if they create a sense of urgency or fear.

Unusual password changes: If you notice changes to your online accounts that you did not make, such as password resets or security questions being altered, act quickly to secure your accounts.

Alerts from identity theft protection services: If you use an identity theft protection service and receive alerts about suspicious activity, investigate immediately.

WHAT IS ARTIFICIAL INTELLIGENCE (AI)?

Identity theft doesn’t have to be a devastating blow. You can significantly reduce your risk by being more mindful of your online habits. Here’s how.

1. Monitor your accounts regularly: Keep a close eye on your bank and credit card statements to spot unauthorized transactions early. This can prevent financial losses and protect your assets.

2. Use strong passwords: Use complex passwords and a password manager to secure your online accounts. Strong passwords are your first line of defense against cyber threats.

3. Stop oversharing: Limit the personal information you share on social media and other platforms. It’s a treasure trove for cybercriminals who use it to craft convincing fraud campaigns targeted specifically at you.

4. Invest in personal data removal services: Given the alarming rise in identity theft cases, taking proactive measures to safeguard your personal information is essential. One effective strategy is to invest in personal data removal services. hile no service promises to remove all your data from the internet, having a removal service is great if you want to constantly monitor and automate the process of removing your information from hundreds of sites continuously over a longer period of time. Check out my top picks for data removal services here. 

5. Freeze your credit: Initiate a credit freeze on your credit file with all three major credit bureaus. This restricts access to your credit records, making it difficult for identity thieves to open new accounts in your name.

6. Use an identity theft protection service: Identity theft companies can monitor personal information like your Social Security number, phone number and email address and alert you if it is being sold on the dark web or being used to open an account. They can also assist you in freezing your bank and credit card accounts to prevent further unauthorized use by criminals. See my tips and best picks on how to protect yourself from identity theft. 

7. Use two-factor authentication: Enable this extra layer of security on your accounts to make it more difficult for thieves to access your information, even if they obtain your password.

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8. Be cautious with public Wi-Fi: Avoid using public Wi-Fi for sensitive transactions or use a VPN to encrypt your online activity. Using a VPN (virtual private network) service can enhance your privacy by encrypting your internet traffic, making it harder for hackers and third parties to intercept your data, especially on public Wi-Fi. A VPN masks your IP address, helping to obscure your location and online activity. While VPNs don’t directly prevent phishing emails, they reduce the exposure of your browsing habits to trackers that may use this data maliciously. With a VPN, you can securely access your email accounts from anywhere, even in areas with restrictive internet policies. For the best VPN software, see my expert review of the best VPNs for browsing the web privately on your Windows, Mac, Android and iOS devices.

9. Shred sensitive documents: Regularly shred financial documents, credit offers and other paperwork containing personal information before disposing of them.

10. Set up bank alerts: Many financial institutions offer text or email alerts for transactions on your accounts, helping you quickly spot unauthorized activity.

11. Have strong antivirus software: The best way to safeguard yourself from malicious links that install malware, potentially accessing your private information, is to have antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe. Get my picks for the best 2024 antivirus protection winners for your Windows, Mac, Android and iOS devices.

12. Keep software updated: Ensure your devices and antivirus software are up to date. Regular updates often include security patches that protect against vulnerabilities that scammers might exploit. Keeping your software current is a critical step in safeguarding your digital assets.

IS JUST READING THAT SKETCHY SCAMMER'S EMAIL DANGEROUS, OR DO I HAVE TO CLICK ON A LINK TO GET IN TROUBLE?

While the statistics are sobering, they don't have to leave you feeling helpless. Identity theft is a serious threat, but with awareness and proactive steps, you can significantly reduce your risk. Remember, criminals are constantly evolving their tactics, which means we must stay one step ahead. The most powerful weapon against identity theft is knowledge. Understanding how these scams work, recognizing potential red flags and taking preventive measures can make all the difference.

Do you believe that governments should impose stricter regulations on how companies collect and use personal data to better protect consumers? Let us know by writing us at Cyberguy.com/Contact.

For more of my tech tips and security alerts, subscribe to my free CyberGuy Report Newsletter by heading to Cyberguy.com/Newsletter.

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It is a travesty that Marine veteran Daniel Penny was charged with two homicide counts by Manhattan’s elected progressive-Democratic district attorney, Alvin Bragg, over the death of Jordan Neely – who was menacing frightened subway passengers when Penny subdued him. 

How fitting, then, that the conclusion of the jury trial, which began eight weeks ago, is proving to be as much a mockery of justice as the rest of the proceedings have been.

DANIEL PENNY ‘OVERCHARGED’ BY PROSECUTION IN ‘PATENTLY UNFAIR’ MOVE, ATTORNEY ARGUES

As I’ve explained a number of times, Bragg executed a couple of cynical stratagems to increase his chances of convicting Penny. 

The first involves the crude racialist politics of the progressive-Democratic base that got Bragg elected in 2021. This faction looks at life as if it were a Howard Zinn revisionist history textbook, in which the world is divided into oppressor and oppressed classes, with race as the full-field theory for interpreting all phenomena. 

In the real world, there wasn’t anything racist in Penny’s intervention as Neely threatened passengers. Yes, the happenstance is that Penny is white and Neely was black; but Neely was intimidating all the train passengers regardless of race. Penny was assisted in subduing him by non-white passengers. Some of the best witnesses in the case for Penny have been black passengers, who have described how scared they were and how heroic Penny was.

But that’s not how the progressive prosecutors see it. Shamefully, Judge Maxwell Wiley has allowed Bragg’s prosecutors to refer to Penny as "the white man" and "the white defendant," notwithstanding that Penny’s whiteness is irrelevant, there being not a scintilla of proof that he was bigoted. Bragg’s approach is transparently jaded: appeal to any Manhattan progressives on the jury with a race-based ideological pitch that social justice demands finding Penny guilty.

The second stratagem involves how the case was charged. While I don’t think Penny should have been indicted at all, this is not even arguably anything more than a negligence case. Penny was legally justified in using force to protect himself and other passengers. By law, such justification allows a person to subdue the aggressor until the police arrive. The question, then, is whether Penny was negligent in the duration and force of the chokehold he used. (Aside: there is a significant causation issue in the case; i.e., there could be reasonable doubt about whether the chokehold caused death because Neely had significant amounts of narcotics in his system, which could have exacerbated his preexisting physical maladies due to the anxiety he caused by threatening subway passengers.)

Yet, Bragg charged two counts, not one. Rather than leading with criminally negligent homicide, the indictment’s top count is second-degree manslaughter – i.e., reckless homicide. 

To prove recklessness, prosecutors must show beyond a reasonable doubt that the defendant knew he created a risk of death and took aggressive action in wanton disregard of that risk. Clearly, that’s not what Penny did. It was not he, but Neely, who caused the risk; and far from acting wantonly, Penny did not try to harm Neely. He rolled Neely into a position to make breathing easier. He waited until the police arrived and fully cooperated with them. And during the interview he voluntarily gave police, they did not tell him that Neely had died, and Penny plainly believed he was alive. 

When a trained Marine wants to kill a restrained person with a choke hold, he knows how to do it, and it doesn’t take long. That’s not what happened here.

Despite the lack of recklessness evidence, Bragg indicted a recklessness charge. He calculated that this could give the jury something to compromise on, improving the prosecution’s odds. Especially if the racializing strategy attracted some progressive jurors to the view that Penny had to be found guilty, jurors sympathetic to Penny might conclude that they could be reasonable by agreeing to find him guilty of negligent homicide as long as they acquitted him of the baseless manslaughter charge.

Sadly, it appears that this strategy could be playing out as Bragg hoped. Last Friday, we learned that the jury was deadlocked on the manslaughter charge – meaning one or more jurors want Penny convicted, while others have concluded (appropriately in my view) that this charge lacks supporting evidence. 

The jury was not permitted to consider negligence until the recklessness charge was resolved. Bragg has thus succeeded in exhausting the jury for four days of deliberations, including a so-called Allen charge – given over the defense’s vigorous objection – to try to strongarm jurors into putting aside their divisions and agreeing on a result (a conviction, the DA hopes). They’ve been at it for nearly 30 hours over this very straightforward, single-transaction, two-count case – but still they would not find Penny guilty.

Judge Wiley should have declared a mistrial. To continue at this point is to seek to browbeat the jury into a conviction. I further believe it would violate New York criminal-procedure law. 

Under Sections 310.60 and 310.70, which control, respectively, declaration of a mistrial and partial verdicts, a judge may (a) declare a mistrial if the jury is deadlocked and the judge determines that no verdict is likely; or (b) accept a partial verdict if the jury announces that it has reached a verdict on one count but is deadlocked on the other count or counts. Other than those two situations, a judge may not declare a mistrial during jury deliberations unless both parties – the prosecution and the defendant – agree.

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Here, neither (a) nor (b) happened. Yet, Wiley allowed Bragg to dismiss the reckless homicide charge for the purpose of continuing the trial and forcing the jury to deliberate on the lesser negligent-homicide offense. In essence, Bragg manufactured a partial verdict even though the jury did not reach one, and now wants the jury to continue deliberations as if this were only a negligence case – i.e., a case starkly different from the one prosecutors presented to the jury the last eight weeks. And this was done without the consent of the defendant.

Judge Wiley had full authority to grant Penny’s mistrial motion under Section 310.60 on the ground that the jury had deliberated for an extensive period of time without reaching any verdict. Instead, the judge bowed to Bragg’s Rube Goldberg plan: bring an exhausted, divided, already Allen-charged jury back to court Monday, to start all over again. The jurors have to be thinking that the court will keep them at it for as long as it takes to get Penny convicted of something.

It's wrong … but it’s so Manhattan.

CLICK HERE TO READ MORE FROM ANDREW McCARTHY

The FBI published a new wanted poster for the man suspected of murdering UnitedHealthCare CEO Brian Thompson on Sunday.

The poster reiterates the FBI's ongoing offer of up to $50,000 in reward for information leading to the suspect's arrest. Images included in the poster show the suspect inside a taxi cab and walking on a sidewalk.

 "The FBI's New York Field Office is assisting the New York City Police Department in seeking the public's assistance in identifying the unknown suspect responsible for the shooting death of a 50-year-old male victim outside of 1335 Avenue of the Americas in Midtown Manhattan, New York City, New York, at approximately 6:40 a.m., on the morning of December 4, 2024," the poster reads.

"If you have any information concerning this case, please contact the FBI's Toll-Free tipline at 1-800-CALL-FBI (1-800-225-5324) or the New York City Police Department's Toll-Free tipline at 1-800-577-TIPS (8477). You may also contact your local FBI office or you can submit a tip online at tips.fbi.gov," the document continues.

SHOCKING VIDEO SHOWS UNITEDHEALTHCARE CEO BRIAN THOMPSON GUNNED DOWN ON NYC STREET

Both the NYPD and the FBI are investigating the murder. The suspect was seen entering the Port Authority bus station shortly after the attack, leading investigators to believe he is no longer in New York City.

Police recovered a backpack linked to the suspect inside Central Park this weekend. It contained Monopoly money and a jacket. NYPD divers also scoured a nearby lake in Central Park on Sunday.

Retired FBI agent Scott Duffey told Fox News Digital that the backpack will be taken to a lab in Queens for forensic testing, where it will undergo trace evidence processing.

"[It's] a process for hair, fibers [and] DNA," Duffey explained Saturday. "If he holds his hand against the strap and tightens the buckle like most of us do, that is where DNA most likely can be found. And zippers."

FORMER NYPD INSPECTOR ‘SKEPTICAL’ UNITEDHEALTHCARE CEO GUNMAN WAS PROFESSIONAL, ZEROES IN ON WEAPON OF CHOICE

The manhunt has now spread into multiple states and entered its fifth day on Sunday. The New York City bus station the suspect used serves routes that could have taken him to New Jersey, north toward Boston or south toward Philadelphia and Washington, D.C.

Former Washington, D.C., homicide detective Ted Williams said the Monopoly money in the backpack is the "killer playing games with the authorities. All part of a cat and mouse game."

"This killer knew they would more likely than not find the backpack, and he is leaving breadcrumbs to let [the] authorities know that he is in control, not them," he said.

To keep you and your money safe, I make it a point to always let you know about spreading scams, from crypto catfishing to AI deepfakes. I bet you’re going to be surprised by this news: The crime that shot up 400% last year is old-school check fraud.

We’re giving away a $500 Amazon gift card. Enter to win now. No purchase necessary.

It’s not high-tech, but it is highly effective. In 2023, check scammers stole $26.2 billion from Americans like you and me, right out of our mailboxes. You need to make sure you don’t become a statistic.

HOW TO (KINDLY) ASK PEOPLE NOT TO POST YOUR KIDS' PHOTOS ON SOCIAL MEDIA

Scammers coordinate in private groups on Telegram, Facebook or TikTok to share tips and sell tools that make it easy for scams to spread. One of their tricks? Buying universal keys that can open any USPS drop box or snapping up books of blank checks from the Dark Web.

But plenty of crooks just swipe checks right from your mailbox. Then, they use simple household chemicals like acetone to dissolve the ink and write themselves (or their alias) some spending money.

Fraudsters deposit their haul at an ATM or right from their couch through a banking app, then they withdraw the cash in chunks so it doesn’t trigger alerts. Before you or your bank know it, they’re on their way to the casino, buying designer goods or investing in real estate — you name it.

RELATED: 563,588 people start their day with this free tech newsletter.

Banks are cracking down on fraud with stricter deposit policies and extended hold times on deposits. So, if you’ve noticed your funds aren’t clearing as fast as they used to, it’s because banks are taking extra time to verify deposits for potential fraud.

A recent viral TikTok glitch exploited J.P. Morgan's instant access feature for deposits from bad checks. Scammers flooded in, and many ended up being sued — proof crime doesn’t pay.

SMARTPHONE TRICKS EVERY IPHONE AND ANDROID USER SHOULD KNOW

If any of your checks go missing or you suspect fraud, file a report immediately — not just with your bank, but also with USPS and your local police department. Be sure to ask for a case number so you can track the progress of your claim.

The biggest checkwriters are baby boomers. They don’t like change.

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There are companies whose entire business model is built around collecting personal data, including criminal records, employment details, addresses and more. They use this data to offer background check services to other businesses and individuals. However, while they profit from this information, they often fail to adequately protect it. Earlier this year, the National Public Data made headlines for failing to secure 2.7 billion records of people whose data it collected. Now, on a smaller scale, another data aggregator has exposed the personal information of 600,000 Americans.

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As reported by Website Planet, the exposed database contained 644,869 PDF files, totaling 713.1 GB of sensitive data. These documents mainly consisted of background checks but also included court records, vehicle ownership details such as license plates and VINs, and property ownership reports. The background checks alone revealed highly sensitive personal data, including full names, home addresses, phone numbers, email addresses, employment details, information about family members, social media accounts and criminal histories.

The worst part is that the database was left publicly accessible without password protection or encryption, allowing anyone to grab it. Anyone with the link could view and download the files. Plus, the files were named in a way that exposed personal details, using formats like "First_Middle_Last_State.PDF." This made sensitive information visible even without opening the files.

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The database that exposed over 600,000 records belongs to SL Data Services LLC, an information research provider that appears to prioritize convenience over basic data security. The company operates a sprawling network of around 16 websites, including Propertyrec, which advertises real estate ownership data and property records. However, SL Data Services’ business goes far beyond property records, offering services like criminal background checks, DMV records and even birth and death records.

While Propertyrec promotes its affordability, claiming users can search for documents for as little as $1, customer reviews paint a different picture. Many users report being unknowingly enrolled in subscription services, resulting in recurring charges instead of the promised one-time fees. This predatory business practice raises further questions about the company’s ethics and transparency.

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The exposure of sensitive personal info in this breach is a big deal for the people involved. The database has detailed data about them, and that’s basically a jackpot for cybercriminals. This kind of leak can lead to various dangerous outcomes. 

For one, attackers could use this info to run phishing scams or social engineering tricks. If they know details like your job, family or even criminal history, they can send super convincing messages to trick you into sharing even more sensitive details, like your financial info. That’s not all. Criminals could also use this leaked data to impersonate someone and apply for loans, credit cards or other services in their name.

What really gets me, though, is that most people whose info got leaked probably won’t even find out about it unless they’re using a service to remove their data. A lot of them might not have even known they were being background-checked in the first place. For those with criminal records, this kind of leak could cause major reputational damage or lead to discrimination, even if the info is outdated or flat-out wrong.

We reached out to SL Data Services/Propertyrec for a comment but did not hear back before our deadline.

1) Remove your personal information from the internet: While no service can promise to completely erase your data from the internet, using a data removal service is one of the best steps you can take. They do the heavy lifting by actively scanning and removing your personal information from hundreds of websites. This helps protect you from scammers who may cross-reference data from breaches with other information they find on the dark web. Check out my top picks for data removal services here.

2) Be wary of mailbox communications: With your address exposed, bad actors could try to scam you through physical mail. They may impersonate companies or people you trust and send fake urgent letters about things like missed deliveries, account suspensions or security alerts. Be skeptical of unexpected communications and verify any claims before taking action.

3) Be cautious of phishing attempts and use strong antivirus software: The leaked data could lead to phishing attacks via email, phone calls or messages from unknown sources. Be on high alert for any requests for personal information, especially if they seem urgent or ask you to click on suspicious links. Always verify the legitimacy of any request before responding.

To protect your devices from malicious links, make sure you have strong antivirus protection. The best way to safeguard yourself from malicious links that install malware, potentially accessing your private information, is to have antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe. Get my picks for the best 2024 antivirus protection winners for your Windows, Mac, Android and iOS devices.

4) Monitor your accounts: Given the scope of this breach, it’s crucial to start regularly reviewing your bank accounts, credit card statements and other financial accounts. Keep an eye out for any unauthorized transactions and report them immediately to your bank or credit card company to prevent further damage.

5) Use strong, unique passwords: Create complex passwords for each of your online accounts and consider using a password manager to keep track of them securely.

6) Enable two-factor authentication (2FA): Implement this extra layer of security on all accounts that offer it to prevent unauthorized access.

7) Regularly update your software: Keep your operating system, apps and security tools up to date to protect against known vulnerabilities.

WHAT TO DO IF YOUR BANK ACCOUNT IS HACKED

It’s alarming how many companies profit from collecting personal data, yet fail to protect it adequately. Recent breaches, including one exposing the sensitive information of 600,000 Americans, highlight this negligence. With unprotected databases containing everything from criminal records to addresses, cybercriminals have a treasure trove of information to exploit. This situation underscores the urgent need for you to take proactive steps to safeguard your privacy and demand better security practices from these data aggregators.

Should companies face stronger penalties for failing to protect personal data? Let us know by writing us at Cyberguy.com/Contact.

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Scammers have various methods when it comes to getting their hands on your phone number. You might think, "Well, what's the big deal? Isn't it easy to find someone's number these days, no matter what?" Yes. And if you've already had your fair share of telemarketers call you, maybe you feel like you've got it under control.

The problem is that scammers with the right knowledge and the wrong intentions can wreak havoc just by having your phone number in their possession. 

Once they do, they can use it to trick you in all sorts of ways. 

The good news is that by familiarizing yourself with their tactics, you can be one step closer to preventing yourself from falling victim to them. Here's what you need to know.

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In today’s digital age, your phone number is more than just a way for friends and family to reach you. It can be a gateway for scammers to access your personal information and wreak havoc on your life. From phishing attempts to extortion, the risks are numerous and varied. Here are nine ways scammers can exploit your phone number if it falls into the wrong hands:

Scammers can also use your phone number to launch rather easy phishing attacks. They might send text messages or make calls posing as your bank or a popular online service that you subscribe to. The goal is to call you and trick you into providing login credentials, credit card details or other personal information, which they can then use for fraudulent activities. And once they have all your other information, they can do a lot more damage just by having your phone number as that initial segue.

In some cases, scammers use your phone number for extortion or blackmail. They may claim to have compromising information about you and demand payment to keep it private. By contacting you directly, they can apply continuous pressure, making their threats seem more real and immediate.

One unique way they do this to target elderly people is by pretending to be your grandchild or another relative in distress. The scammer often claims that your grandchild is in an emergency situation — such as needing bail money or medical assistance — and urgently requests financial help. With AI voice cloning technology, they may even be able to use your grandchild's voice. This emotional manipulation usually gets the victim to pay up.

This one may not be as dramatic, but your phone number can be sold to robocall and spam message services. These automated systems bombard you with unwanted calls and texts, often promoting scams or fraudulent products. While these may seem like minor annoyances, they can lead to bigger scams if you engage with the messages or follow their instructions. Hang up on them.

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Phone number spoofing is a common tactic where scammers disguise their caller ID to appear as a trusted contact by calling from what appears to be a familiar number as it may have the same area code where you live, an area code where your friends or family live or even the actual phone number of someone close which you can recognize.

This makes it more likely that you'll answer the call, giving them the opportunity to deceive you into revealing personal information or transferring money. This is, of course, the case when phone spoofing is used against you. But in situations where they use YOUR phone number, they can be scamming those close to you without you even knowing!

With these phone spoofing tactics, scammers can use your phone number to impersonate government officials, such as IRS agents or Social Security administrators. They may call you claiming there’s an urgent issue, like unpaid taxes or suspicious activity involving your Social Security number. This ploy often involves threats of legal action or arrest to pressure you into providing sensitive information or making immediate payments.

Instead of pretending to be from a government agency, another trick is for scammers to try their luck by posing as a representative from a utility company, like an electric or water company. Scammers will claim that you have an overdue invoice and threaten to cut off your service unless you pay immediately. Using your phone number, they can contact you repeatedly, making the scam seem more legitimate (and pressing).

SIM swapping or a port-out scam is when scammers transfer your phone number to a new SIM card in their possession. By convincing your mobile carrier to reroute your number, they can receive all your calls and messages, including those containing two-factor authentication codes. This allows them to bypass security measures and take over your online accounts.

WHAT IS ARTIFICIAL INTELLIGENCE (AI)?

With SIM swapping techniques/port-out, scammers can also use your phone number as a key to access sensitive data stored in your online accounts. By initiating password resets and intercepting verification codes sent via SMS, they can gain unauthorized access to your email, social media and banking accounts, leading to significant personal and financial damage.

Finally, scammers can use all the tactics above to not only access the accounts you already have but also create fake online accounts in your name. These accounts can be used for a variety of malicious purposes, such as spreading malware, launching further scams or conducting identity theft. The presence of your phone number makes these accounts appear more legitimate, increasing the chances of deceiving others.

10 SIMPLE STEPS TO IMPROVE YOUR SMARTPHONE'S SECURITY AND PRIVACY

To protect your phone number from falling into the hands of scammers, here’s what you can do:

1. Be cautious about sharing your phone number publicly: Avoid posting your phone number on public forums, websites or social media platforms where it can be easily accessed by scammers.

2. Limit exposure of your phone number on social media and other online platforms: Use privacy settings to restrict who can see your contact information. Most social media platforms and online services offer privacy settings that allow you to control who can view your personal information. Make sure to review and adjust these settings regularly. Only share your phone number with trusted contacts.

3. Consider using a secondary number for online registrations and transactions: Services like Google Voice can provide you with a secondary number that you can use for online activities, keeping your primary number private.

4. Monitor your accounts regularly for unusual activity: Check your bank accounts, email and other online accounts for any signs of unauthorized access or suspicious activity.

5. Have strong antivirus software: The best way to safeguard yourself from malicious links that install malware, potentially accessing your private information, is to have antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe.Get my picks for the best 2024 antivirus protection winners for your Windows, Mac, Android and iOS devices.

6. Use two-factor authentication apps instead of SMS-based verification where possible: Two-factor authentication (2FA) provides an extra layer of security that is more difficult for scammers to bypass compared to SMS-based verification.

7. Use an identity theft protection service: Identity theft companies can monitor personal information like your Social Security number, phone number and email address and alert you if it is being sold on the dark web or being used to open an account.  They can also assist you in freezing your bank and credit card accounts to prevent further unauthorized use by criminals. 

One of the best parts of using some services is that they might include identity theft insurance of up to $1 million to cover losses and legal fees and a white glove fraud resolution team where a U.S.-based case manager helps you recover any losses. See my tips and best picks on how to protect yourself from identity theft.

8. Remove your personal information from the internet: While no service can guarantee the complete removal of your data from the internet, a data removal service is really a smart choice.  They aren’t cheap, and neither is your privacy. These services do all the work for you by actively monitoring and systematically erasing your personal information from hundreds of websites. It’s what gives me peace of mind and has proven to be the most effective way to erase your personal data from the internet.  By limiting the information available, you reduce the risk of scammers cross-referencing data from breaches with the information they might find on the dark web, making it harder for them to target you. Check out my top picks for data removal services here. 

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If you suspect that scammers already have your phone number, take the following steps:

Contact your mobile carrier to alert them of the scam calls, especially if they come from the same number. Your carrier may be able to block the number or provide additional security measures.

Consider changing your phone number if the issue persists: If scam calls continue despite your efforts, changing your phone number may be the best solution.

Report any suspicious activity to the appropriate authorities: Contact your local law enforcement or consumer protection agency to report scams and seek advice on further actions.

Consider placing fraud alerts on your accounts: Fraud alerts can help protect your credit and financial accounts from unauthorized access.

Monitor your phone for unusual calls or messages: Keep an eye out for any unexpected calls or messages, and do not respond to them.

Check your phone bill for unauthorized charges: Regularly review your phone bill to ensure there are no unexpected charges, which could indicate that your number has been used fraudulently.

By following these steps, you can significantly reduce the risk of falling victim to phone number scams and protect your personal information.

RECLAIM YOUR PRIVACY BY DISABLING YOUR CELL PHONE CARRIER'S DATA TRACKING

Scams have become much more sophisticated these days, especially with artificial intelligence, making it easier for scammers to target more people and get away with it. Always be wary of a scam. If you think something seems strange, it's probably best to go with your gut.

Have you ever experienced a scam involving your phone number? If so, how did you handle it? Let us know by writing us at Cyberguy.com/Contact

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