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Ohio Supreme Court denies Mackenzie Shirilla's latest appeal bid in double murder case
Convicted double murderer Mackenzie Shirilla suffered another legal setback after the Ohio Supreme Court denied her attorneys' request to reconsider its decision not to hear her latest appeal.
Shirilla, now 21, is serving two concurrent sentences of 15 years to life for killing her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19, after prosecutors said she intentionally drove her Toyota Camry into a brick building in Strongsville, Ohio, in 2022.
Chief Justice Sharon Kennedy denied Shirilla's motion for reconsideration after her attorneys asked the state's highest court to revisit its June 23 decision declining to review her case, according to court records.
"It is ordered by the court that the motion for reconsideration in this case is denied," Kennedy wrote.
Tuesday's decision leaves intact a lower-court ruling that Shirilla's postconviction challenge was filed one day too late.
Shirilla's attorneys have argued that the missed deadline resulted from confusion over the filing timeline, including a calendar mistake involving the 2024 leap year.
The postconviction challenge sought to raise claims that Shirilla received ineffective assistance of counsel, including an argument that her trial lawyers failed to adequately investigate evidence that she suffered from Postural Orthostatic Tachycardia Syndrome, or POTS.
Her attorneys have argued that the condition could have caused Shirilla to lose consciousness before the crash and potentially explain why she failed to brake before impact.
The defense previously said the condition was only "cursorily referenced" at trial despite Shirilla and her family allegedly putting her attorneys on notice about it.
The latest court decisions, however, have focused on whether Shirilla's postconviction petition was filed on time rather than the merits of those arguments.
Under Ohio law, a postconviction petition must generally be filed within 365 days after the trial transcript is filed in the court of appeals. The court determined that the relevant transcript was filed Oct. 24, 2023, making the deadline Oct. 23, 2024.
Shirilla filed her petition on Oct. 24, 2024, the 366th day.
Shirilla argued that the clock should have started later, when juvenile bindover transcripts were filed, and also pointed to the 2024 leap year. The appellate court rejected both arguments, finding that the statute refers to the "trial transcript," not supplemental juvenile-hearing transcripts, and that the law provides 365 days, not a calendar year.
Her attorneys later asked the Ohio Supreme Court to review the case. The state's highest court declined to accept jurisdiction June 23 before Shirilla's legal team asked the justices to reconsider that decision.
Shirilla's case has received renewed public attention following the release of Netflix's "The Crash."
Shirilla was convicted in 2023 after a bench trial of four counts of murder, four counts of felonious assault and two counts of aggravated vehicular homicide.
Prosecutors argued at trial that Shirilla intentionally drove into the building to end her toxic relationship with Russo and that Flanagan was an unintended victim who happened to be in the car.
Evidence presented in the case included surveillance video, vehicle "black box" data and evidence that Shirilla's car was traveling nearly 100 mph without braking before the crash, according to WOIO.
Shirilla has maintained that the crash was not intentional.
Her convictions were upheld on direct appeal in 2024.
Fox News Digital has reached out to Shirilla's attorney for comment.
Fox News Digital's Sarah Rumpf-Whitten contributed to this report.
Haitian college student in Ohio dies by apparent suicide after losing TPS status, family says
A Haitian-born college student in Ohio died in what his family believes to be a suicide after he lost his temporary protected status protections amid the Trump administration’s termination of Haiti’s TPS designation.
Pierre Damas Bel, 20, died on Monday as he walked into oncoming traffic after parking his vehicle on the right shoulder of Interstate 70, according to Ohio State Highway Patrol.
"Bel succumbed to fatal injuries at the scene," Ohio State Highway Patrol said in a statement, adding that the incident remains under investigation.
Ohio Gov. Mike DeWine, a Republican, said Tuesday that Bel's death is a "horrible, horrible tragedy."
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"He graduated from high school here," DeWine said. "He was well liked. He was in the junior ROTC. And, I’m told by those that knew him that he had great dreams about what he could do in this country and what he could contribute to this country."
"I think we have to ask ourselves: Is this really good? Is it what we want done to people like this being picked up and facing deportation? Do we want that being done in our name," he added.
Bel's father told The Haitian Times that his son was "distraught" after weeks of wearing an ankle monitor. He was among some Haitian immigrants in Springfield, Ohio area who have been required by the Department of Homeland Security to wear ankle monitors, after the U.S. Supreme Court cleared the way for the administration to end Haiti’s TPS designation, potentially exposing roughly 350,000 Haitian nationals to removal.
"In his last days, I did not recognize him as he was such an energetic kid who loves life, friends and family, and education," Bel's father, Pierre Ronal Bel, said in a statement read by Pastor Carl Ruby.
Bel's father said he was "treated like an animal" after receiving his ankle monitor, according to WSYX.
His father told The Washington Post that Bel left home before 8 a.m. on Monday and called shortly after to tell his father he was not feeling okay mentally.
"I told him, 'Come home so that we can talk?' I had my youngest to take to school. I took him to school," his father said.
But later that morning, police showed up at his home to inform him his son had died.
A month before his death, Bel spoke out about his experience wearing an ankle monitor.
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"I came to this country to pursue my education. I didn't come here to commit a crime or hurt anyone," he wrote on social media.
"Yet now I’m walking through the streets of the United States with a GPS monitor on my leg, carrying a feeling of shame and humiliation that I never imagined I would experience," he added. "I came here to study, to build my future and to live a better [life,] not to be treated like a criminal. So now, how am I supposed to play college sports with a GPS monitor on my leg?"
Springfield pastor Carl Ruby said on Monday that the family believes Bel took his own life as a result of President Donald Trump's immigration agenda that targeted TPS.
"I'm sitting with a family right now whose son threw himself in front of semi truck today after being teased by fellow students at Wright State about his ankle monitor," Ruby wrote on Facebook.
"I wish President Trump could hear the mom's wails. The family wants people to know that this was a suicide and they want people to know that President Trump, [White House deputy chief of staff] Stephen Miller, and [Homeland Security Secretary] Markwayne Mullin’s inhumane immigration policies made this happen," the pastor continued.
Many of the roughly 15,000 Haitian immigrants in Springfield have lived in the U.S. for years, unable to return to their home country that has faced years of violence, turmoil and extreme poverty.
In a statement to WBTN, ICE said it "does not comment on the cause of death while that investigation is pending, and we will not speculate about unverified claims regarding other individuals."
Bel graduated from high school in May and was set to begin his first semester at Wright State University after being unable to play college soccer at Wittenberg University because of his ankle monitor, the Wittenberg men’s soccer team said in a Facebook post.
"He took 2 trips to Cincinnati and Westerville to plead to the officers to remove the bracelet since he’s a soccer player and he felt embarrassed and humiliated when he’s among his classmates at the University," Bel’s father wrote on X. "Last Friday, August 28, 2026, he told me, 'Dad I felt humiliated. Since they gave uniforms to all my classmates at JROTC their uniform, but except me because of the bracelet.'"
Wright State University President Sue Edwards said the school is "heartbroken by this devastating loss."
"Pierre was an active honors student who was passionate about soccer and was already actively engaged in his classes and the campus community. The University mourns the death of Pierre and extends our deepest condolences to his family, friends and loved ones during this unimaginably difficult time," Edwards said in a statement.
Hasan Piker cheerleads progressives as 80-year-old senator wins six more years
Hasan Piker, a controversial Twitch streamer and far-left activist who has supported several challengers against moderate Democrats, celebrated the victory of Sen. Ed Markey, D-Mass., in a primary contest that pitted the 80-year-old progressive stalwart against a far younger and more centrist candidate.
"It’s very clear that the Dem voters care more about policies and having a progressive represent them in the Senate than age! Another w for our movement!" Piker wrote on X after Markey defeated Rep. Seth Moulton, D-Mass., who is 33 years his junior.
Markey defeated Moulton, who centered his campaign on generational change, by casting himself as the race's true progressive. He repeatedly questioned Moulton's progressive credentials while continuing to push for transgender rights, particularly in sports — a position many Democrats have shied away from.
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The position, which Republicans have used as a political rallying cry on the campaign trail and which Democrats have largely avoided as they push to flip both chambers of Congress, is one that Moulton argued played a major role in Democrats' losses across the board in 2024.
"Trans athletes should be able to play," Markey told The New York Times. "That reflects Massachusetts and who we are. And Seth Moulton does not."
Markey has also supported aggressive legislation on climate change, a platform that helped win over even groups that center around younger audiences.
"VICTORY! Congratulations to Ed Markey on his victory in Massachusetts tonight. Sen. Markey has been a leading climate champion in the fight for a Green New Deal to create jobs and lower costs for working people," the Sunrise Movement said in a statement to X.
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The group describes itself as a "movement of young people fighting fascism to win a Green New Deal."
David Axelrod, a top political consultant and former advisor to President Barack Obama, noted that Markey hadn’t always been a darling of the progressive left ahead of Tuesday’s election. He credited Markey’s pivot for his political longevity.
"[Ed Markey] was first elected to Congress 50 yrs ago as a social conservative, opposed to abortion rights and school busing," Axelrod said in his own post to X.
"Now 80, he's likely to sail in tonight's primary in MA, despite his age, because, in his Golden Years, he's grabbed on to the Green New Deal, Medicare for All, trans rights and other marquee priorities of the Left, undergirding himself against younger, more moderate challengers in very blue MA."
Sen. Bernie Sanders, I-Vt., also praised Markey's win. Like Markey, Sanders, 84, continues to shape the progressive movement despite the decades between him and many of its younger candidates.
"Congratulations to Ed Markey on his landslide victory in the Democratic Massachusetts Senate primary. Ed knows that, at a time of massive income and wealth inequality, Congress must take on the billionaires and fight for working families," Sanders wrote.
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Having cleared the primary election, Markey now heads to the general on Nov. 3, where he is heavily favored to win in the deep-blue Bay State.
Markey last won reelection in a 66.2% to 33.0% victory over Republican challenger Kevin O’Connor, a local attorney.
Lindsay Clancy verdict still within reach – retired Massachusetts judge pushes back on hung-jury predictions
If you or someone you know is having thoughts of suicide, please contact the National Suicide Prevention Lifeline at 1-800-273-TALK (8255).
A retired Massachusetts Superior Court Judge pushed back on the notion that the Lindsay Clancy murder trial will end with a hung jury, saying a verdict is still possible despite Tuesday's deadlock note from the jury.
Clancy, 36, faces three counts of first-degree murder in the deaths of her children — Cora, Dawson and Callan, all under age 6 — who were found strangled at the family's home in January 2023.
Jurors went home Tuesday after more than 23 hours of deliberating over four days.
In a note sent to Judge William Sullivan on Tuesday, jurors said that "after many hours of deliberation, we are unable to come to a unanimous decision." He directed them to resume their work.
"I brought you back out because I know that this was a long trial. All right, I know there were over 80 witnesses. There were over 300 exhibits. Because of that, I'm going to ask you to go back out, keeping in mind all of the instructions that I gave you to go out and to continue your deliberations at this time. All right. And so with that, I'm going to ask you to go back out. Like I said, keep in mind the instructions I gave you reviewing the evidence, and I'd ask you to, resume your deliberations at this time," Sullivan said.
LINDSAY CLANCY VERDICT: RETIRED JUDGE EXPLAINS WHAT HAPPENS IF INSANITY DEFENSE PREVAILS
The jurors deliberating in Clancy's murder trial are discussing several options, which include first-degree murder, second-degree murder, voluntary or involuntary manslaughter, not guilty by reason of lack of criminal responsibility (insanity) or not guilty.
Retired Massachusetts Superior Judge Jack Lu told Fox News Digital that the deadlock note doesn't necessarily signal a mistrial is likely, and said a verdict is still possible.
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"It is common for juries that eventually reach a verdict, especially in highly emotional cases, to initially report that they are deadlocked. So you could see a unanimous verdict later in this case," Lu said. "There should be no rush to judgment."
"These jurors are deciding a difficult, difficult, difficult societal issue. No future jury and nobody else is going to be in a better position to decide these issues... it's a critical public service," he added.
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Lu said that Sullivan was "150% correct" in not issuing a Tuey-Rodriguez charge to the jury today, which would have encouraged the jurors to keep deliberating toward a unanimous verdict. The instruction is used carefully in Massachusetts to avoid pressuring any individual juror, and Lu said giving it now would have been premature.
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The retired judge said it was "still a little early" to read the deadlock as a sign the jury will ultimately hang.
"It's still too early, and we could go much longer on these deliberations, and it would be totally legitimate," he said.
Jurors will return on Wednesday morning at 9 a.m. to resume deliberations.
Progressive push hits wall against conservative Democrat in deep-blue district
Rep. Stephen Lynch, who has cultivated a relatively conservative reputation while representing Massachusetts for the past quarter-century, has defeated a well-funded progressive challenger.
Patrick Roath, an attorney and one-time aide for former Massachusetts Gov. Deval Patrick, challenged Lynch from the left, outraising him by about $300,000. Lynch and Roath clashed over a number of issues on the campaign trail, namely immigration, healthcare, money in politics and housing.
Lynch was one of 46 House Democrats to vote in favor of the Laken Riley Act, legislation requiring federal authorities to detain certain migrants accused or convicted of theft and other specified crimes. Roath, who supported dismantling and replacing ICE, cited Lynch’s support for the bill as part of his reason for entering the race.
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Roath criticized Lynch’s support of the bill as "shortsighted and expedient" and argued that it "demonstrates a fundamental failure to take seriously the threat that the Trump Administration poses to all Americans."
Lynch acknowledged that the Laken Riley Act was "imperfect," but defended his vote principally as a response to what he called an immigration system that was "completely out of control."
On healthcare, Roath supported moving toward universal, government-funded coverage and has backed Medicare for All, while Lynch has supported a public option and sharply criticized the role of for-profit companies in the hospital system.
Lynch, notably, was one of just a handful of Democrats to vote against the Affordable Care Act. The congressman justified his vote by arguing that it provided too many concessions to insurance companies.
While Roath ran as an outsider populist, Lynch attempted to challenge that posturing by pointing to the progressive’s career as a corporate lawyer. Before becoming a member of Congress in 2001, Lynch was previously an iron worker, union president and lawyer.
Both Lynch and Roath managed to pull together an impressive coalition of supporters.
The Boston Globe, David Hogg’s Leaders We Deserve, Indivisible, Massachusetts Teachers Association, Boston Teachers Union and American Federation of Teachers Massachusetts all endorsed Roath, while Lynch secured the backing of the Massachusetts AFL-CIO, Iron Workers Local 7, Professional Firefighters of Massachusetts and the American Federation of Government Employees.
In addition to falling within the context of the power struggle between the Democratic Party’s progressive and moderate wings, the primary in Massachusetts’s 8th Congressional District was also a generational battle. Lynch is 71 and Roath is just 39.
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Despite his voting record, Lynch has said that his reputation as a conservative or a moderate is overstated.
"Calling me the least liberal member from Massachusetts is like calling me the slowest Kenyan in the Boston Marathon," he said in 2010. "It's all relative."
While Lynch is conservative compared to his colleagues in the Massachusetts delegation, he has shifted to the left in recent years. Once a proud pro-life Democrat, the long-time congressman now defends Planned Parenthood and throws his support behind pro-abortion legislation.
Massachusetts' 8th Congressional District is heavily Democratic. Robert Burke, a retired telecommunications worker and small businessman, is the GOP’s nominee in the constituency.
Washington homeowner hears mysterious banging, calls 911 before police find growling bobcat at top of stairs
A Washington homeowner who heard mysterious banging inside their house called 911 to report a possible burglary, only for responding officers to discover the "cat burglar" was quite literal — a bobcat perched at the top of the stairs.
The unusual encounter unfolded last week in Kirkland's Moss Bay neighborhood, where police were ultimately able to corral the wild animal before wildlife officials later returned it to its natural habitat.
No injuries were reported to the homeowner, responding officers or the bobcat, according to the Kirkland Police Department.
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Police said they responded to a report of a possible burglary after the resident reported hearing banging inside the home. When officers arrived, they discovered the bobcat inside.
Authorities deployed a drone to monitor the bobcat's movements inside the home, allowing officers to maintain a safe distance and coordinate their response.
Video released by Kirkland police shows the bobcat growling while perched at the top of the staircase.
The unexpected house guest was safely corralled into an isolated room until the Washington Department of Fish and Wildlife arrived.
After being sedated, the bobcat was later released near Forbes Creek, close to the natural habitat where it was found, police said.
Police believe the bobcat climbed a tree and jumped through an open window, possibly after being drawn inside by the homeowner's cat.
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The resident's cat was later found unharmed.
Officials warned residents never to approach or feed a bobcat and to give the animal plenty of space if encountered.
The Washington Department of Fish and Wildlife also recommends that residents keep pets indoors, especially between dusk and dawn, and secure small livestock and poultry.
One of Congress' most powerful Democrats just survived a progressive primary revolt
The progressive push to unseat a veteran Democratic power broker fell short Tuesday, when Rep. Richard Neal defeated high school teacher Jeromie Whalen in Massachusetts' 1st Congressional District primary.
Neal, 77, has represented western Massachusetts in Congress for nearly four decades and has built considerable influence as the top Democrat on the powerful tax-writing House Ways and Means Committee. His 39-year-old challenger ran on a platform that included Medicare for All, higher taxes on the wealthy, abolishing Immigration and Customs Enforcement and a pledge to reject campaign contributions from corporate PACs.
The race tested whether progressive voters were ready to replace a longtime Democratic incumbent, even if it meant giving up the clout Neal’s seniority brings western Massachusetts.
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Whalen sought to cast Neal as a representative of the Democratic establishment unwilling to take on wealthy interests and corporate power, while pitching himself as part of a younger generation pushing the party further to the left.
Neal, meanwhile, made his experience and position in Washington central to his case for re-election, arguing that his seniority gives the district influence in Congress that would be difficult for a first-term lawmaker to replicate.
The contest also unfolded against a broader debate inside the Democratic Party over its aging leadership and whether longtime incumbents should step aside for a younger generation. Progressive stalwart Sen. Ed Markey, 80, defeated a more moderate challenger 33 years his junior on Tuesday night.
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Neal's position on the Ways and Means Committee also gave the race significance beyond western Massachusetts.
The panel sits at the center of congressional fights over taxes and other major economic policy. His victory also ultimately preserves the seat of one of the House Democratic caucus' most senior members while turning back a challenge built around the argument that the party needs generational and ideological change.
There is no Republican filed to run against Neal in the general election.
Biden-Harris favorite gets second shot at Congress, beats Squad-backed candidate
A former Biden administration aide just won a crowded primary race in Massachusetts, setting up a glide path to the House of Representatives come November.
Dan Koh came out first among six candidates to replace Rep. Seth Moulton, D-Mass., who ended his House tenure with a failed run for Senate against incumbent Sen. Ed Markey, D-Mass., that came to a conclusion Tuesday night.
Koh had the backing of both former President Joe Biden and former Vice President Kamala Harris, which was no surprise after his stint working in the White House. He first joined the administration as chief of staff to then-Labor Secretary Marty Walsh and later became deputy assistant to the president and deputy director of the White House Office of Intergovernmental Affairs.
But his successful Tuesday primary is not the first time Koh ran for Congress. He narrowly lost the Democratic nomination in Massachusetts' nearby 3rd Congressional District to Rep. Lori Trahan, D-Mass., in 2018.
Koh is running on progressive campaign promises like abolishing "Trump's ICE" referring to Immigration and Customs Enforcement (ICE) and universal healthcare.
He's now poised to succeed Moulton in the 6th Congressional District, which includes the northeastern portion of Massachusetts and is rated a safe blue seat.
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Moulton, who served in the Marine Corps, has represented the district since 2015.
His campaign for Senate has been marked by a bitter primary battle against Markey, an 80-year-old progressive who has been in office since 2013.
Moulton, 47, ran his campaign based on generational change and arguing that Markey had long missed his chance to substantively make life better for Massachusetts residents, but that wasn't enough to stave him off Tuesday.
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Markey is backed by the far left's marquee names, including Rep. Alexandria Ocasio-Cortez, D-N.Y., and Sen. Bernie Sanders, I-Vt. Meanwhile, Koh himself is a figure of the establishment left, with both his father and uncle also serving in the federal government.
His father, Howard Koh, was an assistant secretary in the Department of Health and Human Services (HHS) under former President Barack Obama. His uncle served under the Obama and Clinton administrations.
Koh now moves on to face Republican military veteran Micah Jones, who is running in his primary unopposed.
Clemson's Dabo Swinney throws shade at Lane Kiffin, LSU over bringing in NFL players: 'It's embarrassing'
Well, the biggest game of week 1 of the college football season just got a little bit bigger.
There have been two big storylines dominating the headlines over the past week or so: the poor attendance at the Los Angeles Memorial Coliseum for USC’s home opener amid atrocious conditions and the influx of NFL players returning to college football.
One team in particular has been especially aggressive at bringing in athletes who've already moved on to the NFL, and it's, surprise, surprise, Lane Kiffin's LSU Tigers.
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This decision has been controversial, to say the least. Conferences have rushed to ban it, while prominent personalities like Ohio State's Ryan Day have spoken out against it. There are lawsuits galore, including one with a scheduled court date on Thursday morning. The SEC has already reportedly debated what type of enforcement action they might, or will be allowed, to take, should LSU follow through by putting these players on the field.
This debate and its outcome is important for the future of the sport and how rosters are constructed, but it could quite literally impact College Football Playoff spots. Now, not months down the road.
LSU opens their season at home in Baton Rouge against the Clemson Tigers, two programs coming off disappointing seasons and looking for a return to relevance. While LSU's a substantial favorite, and has home field advantage, Clemson is a talented team with every reason to believe they can compete or pull the upset. But that task might be a bit harder if Kiffin's allowed to use those, shall we say, advanced, players.
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It was already expected to be a contentious matchup, but Clemson head coach Dabo Swinney threw a bit more fuel on the fire Tuesday afternoon when addressing this new form of roster construction.
"Rarely am I at a loss for words," Swinney said. "But I'm at kind of a loss of words. I would just say it's kind of embarrassing. I mean, honestly, it's just embarrassing that that's where we are. I don't blame the kids and people trying to take advantage of the system. I just think it's embarrassing where we are with college football."
It's hard to view that as anything but a shot at Kiffin, saying it's "embarrassing" that this is even a topic of conversation. Obviously, it wouldn't be, if the Tigers weren't trying to bring players back from NFL rosters. Swinney brought that up too. When addressing how he's preparing his team to play LSU, he cracked a joke about scouting NFL film.
"Been spending this last week or so studying the Browns, the Cowboys, the Saints and the Bucs trying to get ready," he quipped. "I actually got to go watch practice in early June for the Browns. So I'm probably going to get turned in for tampering, I don't know. I wish I'd have known. I'd have paid a little more attention. Yeah, it's crazy. It's hard."
He wasn't done there. Swinney said he's "embarrassed" about the fact that there seems to be no guardrails around anything in college football right now. Thanks in large part to judges who are willing to rule against any type of enforcement.
"That outside stuff, we just kind of — no pun intended — we just stay in our lane here at Clemson. Try to. Every now and then, someone will ram into us. But we just try and handle our business here. But it's embarrassing; it really is. We have no rules. There's no governance. It's a joke. There's zero rules. When you enforce rules, someone just goes and finds a judge to say, 'no, you can't enforce that rule.' Never did I think I'd be living in an era like this. But that's where we are," Swinney said.
It's hard to argue with him. Kiffin was ready and willing to take advantage of this ruling because he's looking for any competitive advantage, no matter how ridiculous it might be. It's unfair to the college athletes on the LSU roster, unfair to Clemson and unfair that there's so little meaningful oversight of the sport.
Not that this game needed any more drama and intrigue, but Swinney’s comments illustrate how most opposing coaches and teams will feel about playing LSU this season should those players be allowed to stay with the Tigers. Still, it would be sweet revenge for Clemson if the Tigers were able to pull off the upset anyway.
Tyler Robinson to face trial in Charlie Kirk assassination as judge keeps death penalty on table
Tyler Robinson, the man accused of assassinating conservative activist Charlie Kirk, will stand trial after a Utah judge ruled Tuesday that prosecutors presented enough evidence to move forward on all seven charges against him.
Robinson pleaded not guilty to all charges moments after Judge Tony Graf issued the ruling. Graf also ruled that prosecutors may continue seeking the death penalty in the case. He found that the state established probable cause for the victim-targeting allegation, allowing the capital sentencing enhancement to move forward.
"Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kirk," Graf said.
TYLER ROBINSON HEARING COULD DECIDE DEATH PENALTY FATE, FINALLY SEE PLEA IN CHARLIE KIRK CASE
Graf emphasized that the standard at a preliminary hearing is not whether prosecutors have proven their case beyond a reasonable doubt, but whether there is enough evidence to send the charges to trial.
"Whether the state can prove the aggravating circumstance beyond a reasonable doubt remains for trial," Graf said. "Count one is bound over for trial."
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The judge also sided with prosecutors on the victim-targeting allegation against Robinson, concluding that the state had established probable cause for the allegation.
Graf ultimately ordered Robinson to stand trial on all seven charges: aggravated murder; felony discharge of a firearm causing serious bodily injury; two counts of obstruction of justice; two counts of witness tampering; and committing a violent offense in the presence of a child.
The aggravated murder and firearm charges are first-degree felonies, while the obstruction charges are second-degree felonies and the witness tampering charges are third-degree felonies. The final charge,committing a violent offense in the presence of a child, is a Class A misdemeanor.
The court moved directly into Robinson’s arraignment after Graf issued his ruling. The defense waived a formal reading of the charges, and Robinson’s attorney entered not guilty pleas on his behalf.
The ruling came hours after another courtroom fight over whether cameras should be allowed to remain in the high-profile proceedings.
Following closed-door arguments Tuesday morning and additional arguments in open court, Graf again denied a defense motion seeking to remove cameras from the courtroom.
Robinson’s attorneys had raised concerns about the intense publicity surrounding the case, including what they described as online marketplace gambling tied to its outcome.
ACCUSED CHARLIE KIRK ASSASSIN TYLER ROBINSON DEALT COURTROOM BLOW, DAYS BEFORE PIVOTAL HEARING
Graf ruled cameras could remain, subject to the restrictions laid out in his courtroom decorum order.
Kirk, 31, was shot and killed Sept. 10, 2025, while speaking before thousands at an outdoor Turning Point USA event at Utah Valley University in Orem, Utah. Prosecutors have accused Robinson of firing the fatal shot from an elevated position overlooking the crowd.
Before Tuesday’s hearing ended, Jeff Neiman, an attorney representing Kirk’s family, urged the court to move the case toward trial without unnecessary delays and pushed back against comments defense attorney Richard Novak made about Kirk.
"Charlie devoted his life to building a community of over a million young people rooted in faith and freedom. He had hard conversations others were too afraid to have," Neiman told the court.
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"Charlie was the opposite of hate," he continued. "Firing a bullet into a crowd and assassinating him. That is hate."
Neiman said Kirk’s family recognizes Robinson’s right to a fair trial but wants the case to move forward swiftly.
UTAH PROSECUTORS ASK JUDGE TO SHUT DOWN DELAY TACTICS IN CHARLIE KIRK ASSASSINATION CASE
"The United States Constitution guarantees criminal defendants many rights. The right to delay is not among them," Neiman said. "The defendant is entitled to a fair trial, and he must be given one. But nothing more is owed."
"We have no doubt this court will give the defendant a fair trial," he added. "We ask that it do so swiftly."
Neiman later specifically asked Graf to set a trial date at Robinson’s next court appearance so Kirk’s family would know when the case is expected to move forward.
Robinson is due back in court Oct. 23 at 1 p.m. local time for a status conference and has been ordered to appear. A trial date could be set at that hearing.
Following Tuesday's hearing, Kirk's family said Graf's decision to send Robinson to trial marks "an important step" in their pursuit of justice nearly one year after Kirk's death.
"Today's decision, which comes nearly a year since Charlie was taken from us, marks an important step in our family's pursuit of justice for him," the family said in a statement.
The family said every stage of the case has carried "the weight of all that Charlie's murder has taken," especially for Kirk's children, who "will grow up without their father."
As the case moves toward trial, the family said they remain committed to seeking justice for Charlie while praying for "a transparent and timely process."
Fox News' Lee Ross contributed to this report.