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adminThe Supreme Courts upcoming decision about the most common pharmaceutical used for medication abortions may be just the beginning of the political battle over the drug.
Earlier this month, the Supreme Court agreed to hear an appeal of lower-court rulings that would severely reduce access to mifepristone. The Courts acceptance of the case marked a crucial juncture in the legal maneuvering over the medication.
But however the high court rules, pressure is mounting inside the GOP coalition for the next Republican president to broadly use executive authority at the Food and Drug Administration and the Justice Department to limit access to mifepristone and to reduce what abortion opponents call chemical abortion.
Chemical abortion will be front and center and presented front and center by the pro-life movement if there is a Republican president, Kristan Hawkins, the president of Students for Life of America, told me. There is going to be a lot of action we want to see taken.
The possibility of new executive-branch restrictions on abortion drugs, which are now used in a majority of all U.S. abortions, underscores the stakes over abortion in the 2024 presidential election. Even if Donald Trump or another Republican wins back the White House next year, they might not have enough votes in Congress to pass a nationwide ban on the practice. But through executive action, the next GOP president could unilaterally retrench access to mifepristone in every state, however the Supreme Court decides the current case. Multiple former FDA officials and advocates on both sides of the issue told me that through regulatory and legal actions by the FDA, the Justice Department, or both, the next Republican president could impose all the limits on access to mifepristone that anti-abortion groups are seeking in the lawsuit now before the high court.
Read: Abortion is inflaming the GOPs biggest electoral problem
The FDA is a highly regulated space, so there are a lot of hoops they would have to jump through, Jeremy Sharp, the FDAs deputy commissioner for policy planning, legislation, and analysis during part of Barack Obamas second term, told me. But if they got a commissioner in there that was ideologically motivated, and if they changed the staff leadership, then theres a lot they could do before anybody could get in the way and stop them.
The growing Republican focus on using executive-branch authority against abortion access marks a new front in the broader political confrontation over reproductive rights. While Roe v. Wade was in place, the social conservative movement was focused overwhelmingly on trying to reverse the nationwide right to abortion and wasnt zoned in on this issue of federal regulatory authority over abortion drugs, Hawkins noted.
Medication abortion involves two drugs: mifepristone followed by misoprostol (which is also used to prevent stomach ulcers). From 2000 through 2022, almost 6 million women in the U.S. used mifepristone to end a pregnancy, according to the FDA. In all those cases of women using the drug, the agency has recorded only 32 deaths (including for reasons unrelated to the drug) and a little more than 1,000 hospitalizations. The risk of major complications has been less than half of 1 percent.
Neither of the past two Republican presidents acted against the drugs administratively or even faced sustained pressure from social conservatives to do so. The FDA initially approved mifepristone for use in abortion during the final months of Bill Clintons presidency, in 2000. But during Republican President George W. Bushs two terms, the FDA made no effort to rescind that approval.
During Obamas final year, the FDA significantly loosened the restrictions on usage of the drug. (Among other things, the agency reduced the number of physician visits required to obtain the drugs from three to one; increased from seven to 10 the number of weeks into a pregnancy the drugs could be used; and permitted other medical professionals besides physicians to prescribe the drugs if they received certification.) During Trumps four years, the FDA did not move to undo any of those decisions.
But the rights focus on abortion drugs has significantly increased since Trump left office. According to Hawkins, one reason is that the COVID pandemic crystallized awareness of how many abortions are performed remotely with the drugs, rather than in medical settings. Even more important may have been the decision by the six GOP-appointed Supreme Court justices in 2022 to overturn Roe. By fulfilling the top goal of anti-abortion activists, that decision both freed them to concentrate on other issues and raised their ambitions.
In one measure of that growing zeal, social conservative groups and Republican elected officials have pushed back much harder against Joe Bidens attempts to expand access to mifepristone than they did against Obamas moves. Under Biden, the FDA has eliminated the requirement for an in-person visit to obtain mifepristone; instead it allows patients to get a prescription for the drug through a telehealth visit and then receive it through the mail. The FDA under Biden has also allowed pharmacies that receive certification to dispense the drug.
As I wrote earlier this year, the paradox is that Bidens rules will be felt almost entirely in the states where abortion remains legal. Almost all red states have passed laws that still require medical professionals to be present when the drugs are administered, and, even though the FDA allows their use through 10 weeks of pregnancy, the drugs cannot be prescribed in violation of state time limits (or absolute bans) on abortion.
Shortly after last Novembers midterm election, an alliance of conservative groups sued in federal court to overturn not only Bidens measures to ease access to the drug but also the changes approved in 2016 under Obama, and even the decision under Clinton in 2000 to approve the drug at all.
??Read: Why Trump might just roll to the presidential nomination
In April 2023, Judge Matthew J. Kacsmaryk, a Trump appointee and abortion opponent, ruled almost entirely for the plaintiffs, striking down the Biden and Obama regulations and the FDAs original approval of the drug. In August, a panel of three Republican-appointed judges on the Fifth Circuit Court of Appeals upheld Kacsmaryks ruling overturning the Obama and Biden regulatory changes. But the panel, by 21, ruled that it was too late to challenge the drugs original approval.
The Supreme Court along the way blocked the implementation of any of these rulings until it reached a final decision in the case, so mifepristone has remained available. In its announcement earlier this month, the Court agreed to hear appeals to the Fifth Circuit decision erasing the Obama and Biden administrations regulatory changes but declined to reconsider the circuit courts upholding of mifepristones original approval. Those choices have raised hopes among abortion-rights activists that the Court appears inclined to reverse the lower courts ruling and preserve the existing FDA rules. We are very hopeful this is an indicator the Court is not inclined to rule broadly on medication abortion and they are concerned about the reasoning of the decisions [so far], said Rabia Muqaddam, a senior staff attorney at the Center for Reproductive Rights, a group that supports legal abortion.
But the legal process has shown that even a Supreme Court decision maintaining the current rules is unlikely to end the fight over mifepristone. The reason is that the proceedings have demonstrated much broader support in the GOP than previously for executive-branch action against the drug.
For instance, 124 Republicans in the House of Representatives and 23 GOP senators have submitted a brief to the Supreme Court urging it to affirm the Fifth Circuits ruling overturning the Obama and Biden actions on mifepristone. By approving and then deregulating chemical abortion drugs, the FDA failed to follow Congress statutorily prescribed drug approval process and subverted Congress critical public policy inerests in upholding patient welfare, the Republican legislators wrote. Republican attorneys general from 21 states submitted a brief with similar arguments in support of the decision reversing the Obama and Biden administrations regulatory actions.
In another measure, a large majority of House Republicans voted last summer to reverse the FDAs decisions under Biden that expanded access to the drugs. Though the legislation failed when about two dozen moderates voted against it, the predominant support in the GOP conference reflected the kind of political pressure the next Republican president could face to pursue the same goals through FDA regulatory action.
Simultaneously, conservatives have signaled another line of attack they want the next GOP president to pursue against medication abortions. In late 2022, the Justice Departments Office of Legal Counsel issued an opinion that the Postal Service could deliver the drugs without violating the 19th-century Comstock Act, which bars use of the mail to corrupt the public morals. That interpretation, the opinion argued, was in line with multiple decisions by federal courts spanning decades that the law barred the mailing of only materials used in illegal abortions.
Conservatives are arguing that the next Republican administration should reverse that OLC ruling and declare that the Comstock Act bars the mailing of medications used in any abortions.
The fact that both Kacsmaryk and Circuit Court Judge James Ho, also appointed by Trump, endorsed that view in their rulings on mifepristone this year offers one measure of the receptivity to this idea in conservative legal circles. As telling was a letter sent last spring by nine GOP senators to major drug-store chains warning that they could be held in violation of the Comstock Act not only if they ship abortion drugs to consumers but even if they use the mail or other freight carriers to deliver the drugs to their own stores.
Trump and his leading rivals for the 2024 GOP nomination, Florida Governor Ron DeSantis and former South Carolina Governor Nikki Haley, have avoided explicit commitments to act against medication abortions. But all of these efforts are indications of the pressure they would face to do so if elected. Hawkins said that anti-abortion groups have chosen not to press the candidates for specific plans on regulatory steps against mifepristone but instead intend to closely monitor the views of potential appointments by the next GOP president, the same tactic signaled by the senators in their letter to drug-store chains. It will make for probably the most contentious fight ever over who is nominated and confirmed for the key positions at the FDA and other relevant agencies, Hawkins told me.
Stephen Ostroff, who served as acting FDA commissioner under both Obama and Trump, told me that future Republican appointees would likely find more success in reconsidering the regulations governing access to mifepristone than in reopening the approval of the drug altogether this long after the original approval. Even reconsidering the access rules, he predicts, would likely ignite intense conflict between political appointees and career scientific staff.
I think it would be challenging for a commissioner to come in and push the scientific reviewers and other scientific staff to do things they dont think are appropriate to do, Ostroff told me. Youd have to do a lot of housecleaning in order to be able to accomplish that. But, he added, Im not saying it is impossible.
In fact, political appointees under presidents of both parties have at times overruled FDA decisions. Kathleen Sebelius, the Health and Human Services secretary for Obama, blocked an FDA ruling allowing the over-the-counter sale of emergency contraception to girls younger than 17; the Biden White House has delayed an FDA decision to ban the sale of menthol cigarettes, amid concerns about a possible backlash among Black voters.
Many legal and regulatory experts closely following the issue believe that a Republican presidents first target would be the FDAs decision to allow mifepristone to be prescribed remotely and shipped by mail or dispensed in pharmacies. To build support for action against mifepristone, a new FDA commissioner also might compel drug companies to launch new studies about the drugs safety or require the agencys staff to reexamine the evidence despite the minimal number of adverse consequences over the years, Sharp told me.
Faced with continuing signs of voter backlash on efforts to restrict abortion, any Republican president might think twice before moving aggressively against mifepristone. And any future attempt to limit the drugthrough either FDA regulations or a revised Justice Department opinion about the Comstock Actwould face an uncertain outcome at the Supreme Court, however the Court decides the current case. The one certainty for the next GOP president is that the pressure from social conservatives for new regulatory and legal action against mifepristone will be vastly greater than it was the most recent two times Republicans controlled the executive branch. We want all the tools in the tool kit being used to protect mothers and children from these drugs, Hawkins told me. Amid such demands, the gulf between the FDAs future decisions about the drug under a Republican or Democratic president may become much wider than it has been since mifepristone first became available, more than two decades ago.

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Sports
Sources: ACC closing in on new schedule format
Published
23 mins agoon
September 19, 2025By
admin
-
Andrea Adelson
CloseAndrea Adelson
ESPN Senior Writer
- ACC reporter.
- Joined ESPN.com in 2010.
- Graduate of the University of Florida.
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David Hale
CloseDavid Hale
ESPN Staff Writer
- College football reporter.
- Joined ESPN in 2012.
- Graduate of the University of Delaware.
Sep 18, 2025, 10:41 PM ET
The ACC is closing in on a change to its scheduling format that will require all league teams to play at least 10 games against Power Four competition, though the number of intra-conference games played — eight or nine — remains a sticking point, according to multiple sources.
Athletics directors are scheduled to meet Monday in Charlotte to discuss the details of what will either be a move to a nine-game conference slate with one additional Power Four game required out of conference or an “8+2” model that would provide more flexibility to schools who already have an annual non-conference rival.
“The ACC committing to go to 10 Power Four games is a big step forward,” Clemson athletics director Graham Neff said. “It’s indicative of where college football is and leans into emphasizing the importance of strength of schedule and more Power Four matchups.”
Neff is among the handful of ADs concerned that a nine-game conference slate would be problematic in limiting schools’ ability to play marquee non-conference games, as Clemson did this season against LSU in Week 1.
The Tigers play South Carolina annually and, beginning in 2027, will also have a yearly game against Notre Dame.
A straw poll of 13 of the ACC’s 17 athletics directors showed nine supported or were amenable to the nine-game slate, while Clemson and Florida State are among the others with concerns about the impact on non-conference scheduling.
The SEC announced last month it would move from an eight-game to a nine-game conference slate — a decision that has spurred the ACC’s interest in adjusting its scheduling model, too.
Multiple sources said ACC commissioner Jim Phillips wants to see the conference play nine league games annually plus require each school to schedule one out-of-conference game against another Power Four school, essentially matching the SEC’s new strategy. ACC schools are already supposed to have at least one Power Four non-conference game each year, but that rule has not been enforced and several programs have avoided playing a more difficult schedule. Sources told ESPN that the current conversations have reached a consensus that 10 Power Four games must be an enforced minimum moving forward.
One administrator said it felt inevitable the league was going to go to nine league games. Duke coach Manny Diaz agreed.
“I think it’d be awfully strange to be the only conference not at nine conference games,” Diaz said. “Usually when you’re the only one doing something, it’s either really good or really bad. It just feels like you’d want continuity in what everybody does in college sports.”
The SEC’s move coincided with the College Football Playoff committee’s revised guidelines that emphasize strength of opponent. SEC schools are also expected to see an increase in revenue from its TV partner, ESPN, for adding the additional conference game.
ACC ADs were briefed on the various plans during a call Wednesday, though several said there remains little understanding of how potential changes would be accepted by ESPN or considered among the College Football Playoff committee. Indeed, as Radakovich noted, the ideal formula for a 12-team playoff vs. an expanded playoff might not be the same, but the ACC will need to decide its scheduling fate before knowing what the future playoff might look like.
“Hopefully Jim [Phillips] will give us some insight into that when we get together Monday, and help set the table that, hey, nine is going to be really important for us to keep a very good seat at the table as it relates to the other CFP commissioners and the Power 4 conferences,” Miami athletics director Dan Radakovich said. “It all depends on how big the CFP gets. That’s another driving factor we won’t know. We’re going to have to make this decision without that knowledge and try to project it the best way we can.”
No additional revenues are expected to come from ESPN if a change is made. The ACC also changed its revenue-distribution model starting in 2025, awarding a higher percentage of revenue to schools based on TV ratings.
“It’s important we continue to be strategic in providing value to our media partner, ESPN,” Neff said. “And with how the ACC has adapted our financial distribution model, that has direct school revenue implications unlike any other conference.”
The ACC has wrestled with how many league games it should play for more than a decade. In 2012, the ACC agreed to play nine league games, but decided to stay at eight after adding Syracuse and Pittsburgh and coming to a scheduling agreement with Notre Dame the following year. The intra-state nonconference rivalry games that Clemson, Florida State, Georgia Tech and Louisville play annually against their SEC rivals have always been a sticking point in any of these discussions.
For those four specific teams, their rivalry games coupled with a nine-game conference slate would provide a full inventory of 10 Power Four matchups — with more in years in which those schools play Notre Dame as part of the league’s agreement that requires five games per year against the Irish. That leaves little room for marquee matchups like Clemson-LSU or Florida State-Alabama, two games that did monster ratings in Week 1 of this season, each drawing more than 10 million viewers.
But future marquee non-conference matchups like those could disappear once the ACC moves to a nine-game conference slate, Neff said, which could diminish the overall product and inhibit revenue opportunities, given the ACC’s new distribution model that provides more money to schools with better TV ratings.
Radakovich noted that games like this week’s showdown with Florida are unlikely to be played moving forward due to the constraints of a larger conference schedule, but he will continue to have conversations with Florida athletic director Scott Stricklin.
“It’s going to be a real tough sell because Florida has their nine SEC games and their rivalry game with FSU,” Radakovich said. “Scott and I will have some chats to see if it can happen but it’s going to be some tough sledding.”
Louisville athletics director Josh Heird said his school would still schedule top non-conference competition, even if that means an 11th Power Four game. The Cardinals currently have future games scheduled against Georgia in 2026 and 2027 and Texas A&M in 2028 and 2029.
“Play good teams,” Heird said. “We’ll play Kentucky every year, and we’ll have Notre Dame every once in a while. And we absolutely want to still play the home-and-homes with Georgia and Texas A&M. I think the kids want to play those games, too.”
Several ADs expressed concern, however, that series like Louisville’s with Georgia and Texas A&M would disappear regardless, as the SEC bows out of such matchups now that its teams will play nine league games. Others suggested the SEC and Big Ten — the two leagues with the most financial clout — could work together for non-conference scheduling, leaving the ACC and Big 12 with few options to fill out their schedules, particularly if the ACC has two Power Four non-conference games required.
“You’re not guaranteed 10,” one AD in favor of a 9+1 model said. “That’s the issue. Who’s to say the other Power four leagues want to schedule ACC schools?”
One alternative could be for ACC teams to schedule non-conference games against each other, as NC State and Virginia did in Week 2. Several ADs expressed skepticism about that plan, however, suggesting it would be extremely confusing for fans to understand which ACC vs. ACC matchups counted in the league standing and which did not.
Regardless, the ACC will have to figure out a way around a more basic problem of math. With 17 football-playing members, there’s no way for all schools to play nine conference games.
One initial plan involved games vs. Notre Dame — an ACC member in all sports except football — to count as conference games. Multiple ADs told ESPN that plan has been shelved for the time being, likely in favor of an imbalanced model in which at least one team will play just eight conference games while the rest play nine.
Monday’s meetings in Charlotte are expected to move the league closer to a final decision, but several sources said they did not expect an official vote to happen for a few weeks and were similarly dubious a change would take effect for the 2026 season.
“Let’s look to try to set our course,” Radakovich said. “The discussions will happen Monday but decisions will hopefully happen shortly thereafter. Hopefully we’ll come out of that with a consensus that leads the ACC to a final conclusion.”
Entertainment
Norman Foster on ‘incredible’ masterplan for new Manchester United ground
Published
3 hours agoon
September 19, 2025By
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Football and the royals are two subjects which have always attracted very outspoken fans. Now, aged 90, Lord Norman Foster is attempting to please both.
One of the one of the world’s most important living architects, he is known for being the vision behind some of the world’s most iconic designs – including London’s “Gherkin” building, the Millennium Bridge and the British Museum’s spectacular Great Court.
Arguably, however, two of his most talked about designs are yet to be built.
In June, his firm Foster + Partners was announced as having won the commission to build a national memorial in honour of the late Queen Elizabeth II.
Before that, in March, his firm’s vision for a new 100,000-seater stadium at Old Trafford was revealed, which he describes as “the project of a lifetime”.

A conceptual image of what the new Manchester United stadium could look like. Pic: Foster + Partners/PA

Pic: Foster + Partners/PA
‘A galvanising project’
“The fan base is incredible,” Lord Foster said of his excitement at being commissioned to work on the new ground.
For the renowned architect it is a homecoming of sorts, given Lord Foster’s working-class roots, having grown-up in Manchester.
Was he excited to be involved?
“You bet,” he exclaims.
“It’s a galvanising project… and so many things can naturally ride on the back of that sporting, emblematic kind of team.”
Set to cost around £2bn – with its three tall masts acting as a vast umbrella over Old Trafford – the design is part of a larger regeneration project which Lord Foster claims could be completed in five years.

The stadium design is part of a larger regeneration project.
Pic: Foster + Partners/PA
It is described as a “master plan that will create streets, squares, neighbourhoods and connect with the heart of Manchester.”
Asked whether it will feel unlike any other British stadium, he said: “Manchester United is different and therefore its stadium’s going to be different… and better, of course.”
And what of the QEII memorial?
He says his design to remember the late monarch in London’s St James’ Park will be “more of all the good things”.
His plans include a statue of Queen Elizabeth II standing next to her husband Prince Philip, and a semi-glass bridge which is a nod to her wedding tiara.

The royal gardens design. Pic: Foster+Partners and Malcolm Reading Consultants/PA
As for those who’ve questioned whether maintaining its sparkle might prove to be problematic, Lord Foster insists it’ll be “less maintenance, more joy”.
He says his hope is “to address the many millions who traverse that [park], the daily commuters and many tourists, and to make that more human, to make it a better experience and a reminder of the legacy of the most extraordinary long-serving monarch”.
After collecting the London Design Festival’s prestigious lifetime achievement medal earlier this week, with six decades of experience under his belt, Lord Foster says he finds Britain’s inability to invest in infrastructure frustrating.

Lord Foster speaks at the awards ceremony
“I lamented, like so many, the cancellation of HS2,” he says. The long-delayed rail route’s northern leg to Manchester was scrapped by Rishi Sunak in 2023.
“That was about levelling-up. It wasn’t about getting from one place in lightning speed, it was taking the burden off the regional network so it would serve local communities better.”
He says “connectivity is the answer to many of the social issues that we talk about”.
The tendency of politicians, he says, to prioritise short-term issues doesn’t help when it comes to seeing the bigger picture.
“There is not the awareness of the importance of design and planning… you do need a political awareness,” he says.
“The city is not static, it’s dynamic. It’s always changing, evolving, adapting to change, and it can do that well, or it can do it badly. But it needs planning, it needs anticipation.”
Sports
Witness in 2006 Miami murder case found alive
Published
3 hours agoon
September 19, 2025By
admin
Florida prosecutors have repeatedly told a court that a key witness in their murder case against a former Miami Hurricanes football player accused in the 2006 killing of teammate Bryan Pata was dead.
However, with the long-delayed murder trial of Rashaun Jones only weeks from its scheduled start in Miami, ESPN reporters knocked on an apartment door in Louisville, Kentucky, recently and found the witness, Paul Conner, alive.
Conner told ESPN that he wasn’t aware anyone from Miami was looking for him and said he rarely leaves his apartment.
Prosecutors told Florida 11th Circuit Court Judge Cristina Miranda as recently as July that Conner was dead. A spokesperson for the state attorney’s office, Ed Griffith, told ESPN on Thursday that police relied on a public database that “seemed to indicate” Conner was deceased and that police asked officers in Louisville to knock on Conner’s door. He offered no documents of such a visit nor details of when an officer visited or what happened.
Griffith also pressed a reporter for the address ESPN visited — the same address that was listed on the database report Griffith cited. The lead detective in the case, Juan Segovia, also texted an ESPN reporter asking for Conner’s contact information.
It’s unclear how the revelation about Conner will affect the trial, currently set to start Oct. 6. “Is there an impact of that on the case? I would have to say yes, potentially,” Griffith said.
Jones’ attorney, Sara Alvarez, said ESPN’s finding raises further questions about the state’s case.
“I’m not shocked, but appalled,” she said by telephone Thursday. “This is a bigger issue. This is just blatant lies. Bald-faced lies.
“It’s a shame and it’s disgusting that you would be willing to send a man to prison for the rest of his life without any evidence and then not be honest about what evidence exists and doesn’t exist.”
In a conversation with an ESPN reporter and in questioning by police, Jones has said he did not kill Pata. He has pleaded not guilty.
Conner, a retired University of Miami writing instructor, once lived in the apartment complex where Pata, a likely high draft pick in the 2007 NFL draft, was shot once in the head in November 2006.
Conner contacted police soon after the shooting, saying he heard a “pop” and saw someone “jogging” away from the parking lot entrance near where Pata was shot. Conner picked Jones out of a photo lineup.
Some 13 years later, Conner was reinterviewed in 2020 and again picked Jones out of a lineup, according to Jones’ arrest warrant. And Conner recounted what he saw at a 2022 bond hearing and in a 2023 deposition with attorneys.
Conner, now 81, told ESPN in his Aug. 25 interview that he now doesn’t recall what happened in Miami, and he seemed unfamiliar with his prior statements.
“I’m getting up in years,” he said. “My memory comes and goes. How long ago was this court case?”
With Jones’ trial date looming, Miami assistant state attorney Cristina Diamond told Miranda in a July 17 hearing that officials believed Conner to be dead after multiple failed attempts to contact him and a third-party commercial database indicating he was deceased. Miranda accepted the efforts to find Conner and ruled to allow his prior testimony from the hearing and deposition to be used at trial. Jones’ attorneys had initially objected on grounds of their inability to cross-examine his statements but conceded to accept the state’s evidence during that hearing.
ESPN’s interview with Conner was actually the second confirmation that he was alive. After a reporter contacted Conner’s last known employer, a former colleague asked Louisville police to conduct a welfare check. On July 22, Conner answered and confirmed his identity, according to police bodycam images reviewed by ESPN.
The Miami-Dade Police Department’s inability to find Conner is the latest in a long string of official missteps that have dramatically prolonged the case and frustrated Pata’s still-grieving family. According to information obtained by ESPN through a lawsuit against Miami-Dade Police and other interviews and records, Jones was among the first suspects considered by police, but they didn’t arrest him until 2021, nine months after ESPN first published its findings. Jones, now 40, has remained in custody for the past four years amid court delays and changes in attorneys on both sides.
In March 2022, Miranda agreed to grant Jones an $850,000 bail and allow him out, pending trial; however, Jones has not paid the amount — typically 10%, or $85,000 — needed for release, sources told ESPN.
That bond hearing included in-person testimony from Conner. Police had no eyewitness to the shooting, so Conner was a key element to a case that relies heavily on testimony from friends and teammates that Jones and Pata fought verbally and physically before the killing and that Jones possessed a gun similar to the one likely used to kill Pata (although police never recovered the weapon).
Conner told the court he was walking to the Colony Apartment Complex, where he and Pata lived, just before 7 p.m. on Nov. 7, 2006. He was near the parking lot entrance when he heard a “loud bang.” About 15 to 20 seconds later, Conner testified, he came “face-to-face” with a man walking at a brisk pace. “He smiled at me. He had a clean set of white teeth,” Conner said. “I described him to the forensic artist.”
On the photo lineup from which Conner picked out Jones’ photo, Conner had put his signature, date and the phrase “90 percent,” and a defense attorney asked him what that meant.
“One of the detectives asked me, how sure I was that that was the defendant. And I answered 90%,” he said.
The attorney later asks, “So, if I understand you correctly, there is a 10% error in your calculation of whether or not this person is the person that you saw on that night?” to which Conner responds, “It could have been.”
The defense attorney also noted that when Conner, several years later, picked Jones out of a lineup, Jones’ picture was in the same location on a page as the first time — the top middle photo.
In building their case against Jones, prosecutors also have cited Jones’ actions that night, including his failure to attend a mandatory team meeting called after the shooting and efforts to borrow money to leave the area. They also cite cell phone records they say contradict where Jones told officers he had been.
According to a state motion filed July 8 to request the use of Conner’s prior testimony, Det. Segovia said he had been in touch with the FBI and local police in Ohio, where Conner last worked at the University of Toledo. Segovia said he learned that Conner had moved to Kentucky.
Segovia then reached out to the Louisville Police Department, and according to the motion, “contact was made with the leasing office of that address, and they indicated that Mr. Conner did not live there.” Records show prosecutors were planning to subpoena a homicide detective from Louisville. No such officer has testified in the case.
ESPN requested records from the Louisville Police Department and connected with a spokesperson multiple times to inquire about any efforts made to locate Conner and any efforts by the officer who had been subpoenaed to testify. The spokesperson there said there were no records of any officer going to Conner’s address until the welfare check requested by the university colleague and ESPN’s inquiries. Conner said he has lived at his Louisville address for about a couple of years. A family member said they knew of no reason the leasing office would say Conner didn’t live there. A call to the leasing office was not returned.
ESPN made multiple requests to police and the Miami-Dade State Attorney for records of their efforts to find Conner. After initially claiming they had no documents, they eventually provided an email exchange in which Segovia wrote that he left 15 voicemail messages with Conner since May. Segovia added that he also sent emails to an address that officers had used with him previously. They also provided a copy of a June 6 letter addressed to Conner at his Louisville address that asked him to contact their office.
During ESPN’s visit, Conner allowed a reporter to review his phone. There were dozens of unanswered calls, and he appeared unfamiliar with how to check his voicemail. Several calls came from Miami-area phone numbers, including at least one that matched a phone number for Segovia. At a prior hearing, prosecutors said they had been aware Conner struggled with “technology” and had been difficult to reach.
Miami-Dade officials and the judge did not have a death certificate, mortuary record, obituary or any other official record of death, but instead relied on a commercial third-party information provider. Such companies often provide factual background information, but their terms of use disclose that information might contain errors, and they do not guarantee accuracy.
Conner’s cousin Steve Fahey, who said he was familiar with Conner’s prior role in the case, said he sees Conner frequently. He told ESPN in a phone interview that Conner has struggled lately with memory issues. He said Conner never mentioned anyone from Miami trying to reach him, and Fahey said no one from Miami tried to contact him, either.
Miami-Dade officials noted they spoke to a “distant cousin” of Conner’s who they said was unaware of Conner’s whereabouts, but they did not name the individual.
Alvarez, Jones’ attorney, said she should be able to question Conner in front of a jury about what she said were contradictions in details he gave police at various times. Whether Conner testifies, Alvarez said she plans to question Segovia about what she calls lies and misrepresentations of evidence.
Among other issues affecting the case recently, police told the court this summer that they had lost Pata’s student judicial records from the University of Miami. Pata had been involved in — although sometimes as just a bystander — a few misdemeanor-level altercations, according to the records, which ESPN acquired years ago through a public records request.
During a July 9 hearing, Jones’ attorney asked for a copy of an unredacted “lead sheet,” which was a four-page document with all the leads officers were looking into and a list of 39 individuals. The Miami-Dade Police Department used the lead sheet in the public records litigation with ESPN to assert the case was still active.
But during the hearing, the two main detectives who had worked the case said they didn’t know where the lead sheet was, and Segovia said it likely was discarded.
Florida law governs what documents agencies may destroy and which must be kept. Part of the statute applies to “summary information on … suspects or accomplices in crimes” and says records in that category must be retained “until obsolete, superseded, or administrative value is lost.”
Officials have not provided a reason as to why Jones wasn’t arrested until 2021, other than to say the case got a “fresh set of eyes” after Segovia was assigned as lead detective in 2020. That was around the time ESPN sued the Miami-Dade Police Department over the redacted investigative file. The last dated entry in the police report before the arrest was from 2010.
In a deposition last year, Segovia testified that police did not uncover any new evidence in the ensuing years that gave them probable cause to arrest Jones in 2021. “It was there all along,” Segovia said, but in 2007, the state attorney did not believe the case was strong enough to make an arrest.
In testimony during the records lawsuit hearings, law enforcement officials argued that they had a prime suspect and that there could be an arrest “in the foreseeable future,” which they said justified that the case was still active and its records not subject to disclosure; under Florida law, records from closed or adjudicated cases are subject to release.
In a pretrial hearing July 11, ASA Diamond offered a plea agreement to Jones of 18 years with credit for time served, but Jones — who attended the hearing via video conference — and his attorney rejected the offer.
In Florida, a conviction for second-degree murder could carry a maximum sentence of life imprisonment.
ESPN’s original investigation into the case revealed a multitude of leads that police pursued, including a dispute Pata had over stolen car wheels, an angry ex-girlfriend, a nightclub fight involving possible gang members and two alleged jailhouse confessions. Nothing came of the tips.
The investigation also found multiple inconsistencies in police statements, leads that weren’t pursued to the end and people connected to Pata who were never interviewed.
Pata’s family members have, over the years, expressed frustration and disappointment in what they see as a lack of interest and effort by police.
Leading up to the trial, Edwin Pata, Bryan’s brother, said they were ready to finally see Jones on trial.
“It’s good that we’re actually going to put it behind us,” he said. “It’s constantly on our minds … we just got to be ready for it and know what to expect and be able to handle it.”
ESPN producers Scott Frankel and Gus Navarro contributed to this report.
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