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    Over a week after being publicly ridiculed for losing her seat in Congress by President Donald Trump, Rep. Mia Love (R-UT) on Friday night was on the verge of pulling off a stunning comeback in her re-election bid, as the continued counting of ballots in her Utah district finally pushed her into the lead by a slender 419 votes. “Hard to see how she relinquishes that now,” said Dave Wasserman, an elections expert who has been forecasting a possible comeback by Love for several days. Still being tabulated are thousands of provisional ballots in Utah and Salt Lake counties, which take time to verify, as Utah and a number of other states slowly push their way through the votes of the November mid-term elections. The jump into first place for Love came as a judge tossed out a lawsuit that she filed – which oddly would have stopped vote counting in Salt Lake County – a move that her opponent said ‘smacks of desperation.’ “Utah voters deserve better than this,” said Democrat Ben McAdams. With the Utah County numbers posting, Rep. Mia Love has taken a 419-vote lead over Ben McAdams. #utpol — #VoteGehrke (@RobertGehrke) November 16, 2018 But the McAdams lead over Love has slowly withered away in recent days, leaving Love favored by many to win re-election. A comeback victory would be filled with irony, especially after the mocking ridicule heaped upon Love and a number of other House Republicans by President Donald Trump, who said the day after the elections that Love and others were defeated because they refused to embrace him. “Mia Love gave me no love and she lost,” the President said, almost seeming to enjoy the outcome. “Too bad. Sorry about that Mia.” President Trump lists Republicans who didn't embrace him and lost. 'They did very poorly. I'm not sure that I should be happy or sad, but I feel just fine about it.' 'Mia Love gave me no love and she lost. Too bad. Sorry about that Mia.' pic.twitter.com/ZV7EKcWjLX — CSPAN (@cspan) November 7, 2018 Two weekends after the elections, a small number of races remained undecided – with some that could stretch until after Thanksgiving: FLORIDA SENATE – With a manual recount finishing up, and Florida’s 67 counties waiting through Saturday to deal with any other stray ballots, Gov. Rick Scott (R-FL) seems headed for victory over Sen. Bill Nelson (D-FL). This will give the GOP a big victory, and a 2 seat margin in the U.S. Senate. From a statistical/electoral/historical perspective, Scott's defeat of Nelson is pretty much unmatched in recent political history. Beating a swing state opposition party senator without a hint of scandal in a midterm… It's quite impressive. — (((Harry Enten))) (@ForecasterEnten) November 17, 2018 CALIFORNIA 39 – This is the first of six (or maybe seven) undecided House races. After holding the lead for days, Republican Young Kim has now been swamped by late votes coming from both Orange and Los Angeles counties, and now trails Democrat Gil Cisneros by over 3,000 votes. This should complete what is a total GOP wipeout in Orange County, as Democrats would gain six GOP seats in the Golden State. Congressional districts in Orange County, Calif. in 2016 and in 2018 pic.twitter.com/TWRQ1pPzS4 — Morning Joe (@Morning_Joe) November 16, 2018 CALIFORNIA 21 – This seat has already been called by the AP and other news organizations for the Republicans, but as the votes keep coming in, Rep. David Valadao’s lead keeps shrinking, and some wonder if he can hold on. This might be a long shot, but it bears watching. It’s hard to fathom that Democrats could gain a seventh seat in California. We've been watching CA-21 like a hawk for more than a week now, and the chance for Democrat T J Cox to catch up to Valadao has gone from remote but intriguingly possibile to plausible. We're moving this one to our uncalled races tab. https://t.co/FeGWU7SsoE — Daniel Donner (@donnermaps) November 17, 2018 UTAH 4 – As mentioned above, Rep. Mia Love (R-UT) now has the lead. This would be a big save for Republicans, who have had very little to cheer about in the past 10 days since the elections. In fact, there has been an almost daily drumbeat of Democratic victories each night since then, as they edge closer to a possible pickup of almost 40 House seats, their largest gains since 1974 after Watergate. BREAKING: As expected, #UT04 GOP Rep. Mia Love (R) has pulled into the lead over Ben McAdams (D) by 419 votes. Hard to see how she relinquishes it now. https://t.co/nfsptUdHiN — Dave Wasserman (@Redistrict) November 16, 2018 NEW YORK 22 – This seat can probably be called for the Democrats by the AP and other organizations, as absentee ballot counts on Friday went clearly for Democrat Anthony Brindisi, leaving Rep. Claudia Tenney (R-NY) behind by over 3,000 votes in this northern New York district. This is not a spot where the GOP should have lost. @Redistrict Brindisi lead in NY22 has surged to more 3000 votes! I see no path to victory for Tenney. She's falling further behind as more ballots are counted, that's a losing combination, a larger deficit, and fewer votes left to count. https://t.co/ae1Ny8Osws — Kevin O'Connell (@Kevtoco) November 17, 2018 NEW YORK 27 – Indicted Rep. Chris Collins (R-NY) still leads by over 1,000 votes in this western New York district, with one big cache of absentee ballots and provisionals to count next Tuesday around Buffalo. Democrat Nate McMurray has been winning a majority of absentee ballots in recent days in counties where he lost the Election Day vote, making some wonder if he has a chance to win this race at the last minute next week. This is the equivalent of betting a horse that’s maybe 9-1. It might win. Nate McMurray continues to gain ground in counties that he lost to Rep. Chris Collins in. Biggest test will be Tuesday when the Erie County absentee and affidavit votes will be counted. https://t.co/f5nincKkZx — WGRZ (@WGRZ) November 16, 2018 GEORGIA 7 – While the race for Governor is over, Rep. Rob Woodall (R-GA) has a 419 vote edge in this suburban Atlanta district, with all of the votes counted. Democratic challenger Carolyn Bourdeaux announced on Friday afternoon that she would ask for a recount. While a recount doesn’t usually switch the outcome, we have certainly seen in Florida and other states in recent days where there are tabulation errors uncovered – so you can’t say this is in the bag for the GOP – but they are favored. News: We will file for a recount of the 7th district race. With a margin of only 419 votes (0.14%), we want to make sure every vote was counted correctly & fairly. It is crucial that every eligible vote is counted & every voice is heard. #GA07 #GAPol — Carolyn Bourdeaux (@Carolyn4GA7) November 16, 2018 TEXAS 23 – Even though she’s behind by just under 1,000 votes, Cindy Ortiz Jones spent the week in Washington going through freshman orientation, but that may not work out for the Texas Democrat, as Rep. Will Hurd (R-TX) seems like he’s in good position in this race, leading by 0.5 percent. Hurd’s people on Friday were declaring victory, but it wasn’t clear if Jones would press for any kind of vote review. Republicans are favored to hold on to this border district, but it was much closer than anyone had predicted. Bexar County has finished counting, leaving only six votes left to count (Kinney & Upton). @WillHurd has won by 928 votes, this race is over #TX23 — Connor Pfeiffer (@ConnorPfeiffer) November 16, 2018 Democrats right now have a net gain of 36 seats – they should win at least two of the undecided races left, and have an outside chance at others. Right now, the new Congress stands at 231 Democrats to 198 Republicans, with six seats undecided. One final note – this extended time of vote counting is totally normal. Reporters follow it every two years, but many partisans think there is something amiss.
  • The Jacksonville Sheriff's Office says an active investigation is underway after their officers were involved in a shooting in the Paxon area on the Westside.  The Director of Investigations and Homeland Security with JSO, Ron Lendvay, says the shooting stemmed from a traffic violation at around 4:00 PM Friday.  'A field training officer and his recruit were working in the area of St. Clair and Detroit Street, when they observed a traffic violator. The violator was observed running a stop sign and increasing his speed. The officers activated their overhead emergency lights and noted that the passenger side kept opening and closing as the vehicle continued on,' explains Lendvay.  At some point, the officers say the vehicle stopped to let someone out of the passenger side on Melson Avenue. JSO says that person was seen by the officers with a pistol in his hand.  Officers stopped to chase that man and the field training officer was able to catch up to him. At some point during their interaction, police say the officer fired several shots at him.  The suspect was hit by the gunfire, taken into custody, and then to the hospital, where police say he underwent surgery. He's now described as being in critical condition, but currently stable at the hospital.  As this chase and shooting was occurring, Lendvay says the original driver abandoned the vehicle nearby and fled on foot as did another passenger. At this time, neither of those individuals have been found.  Lendvay says several officers involved in different portions of this incident were wearing body cameras. That video is still in the process of being collected and will be reviewed.  At this time, police say it's not clear if the suspect fired any shots or what exactly occurred during the interaction with the officer.  The sheriff's office plans to release further information on this shooting on Saturday. WATCH FULL BRIEFING FROM JACKSONVILLE SHERIFF’S OFFICE:
  • Gas prices are down across the country right now, which is good news if you plan on driving to visit friends or family for Thanksgiving. Depending on which way you are going, you might want to fill up before you leave, says Patrick DeHaan, Head of Gas and Petroleum Analysis at Gas Buddy.  'Generally, if you are heading out of the state, wait until you cross out of Florida to fill up,' he says.  But if you are heading south to places like Miami or the Florida Keys, you'll want to get your gas before you get too far south, because that's where the prices are the highest.  Although prices are down right now across Florida, states like Georgia, South Carolina and Alabama are generally going to be cheaper to top off your tank, DeHaan says.  GasBuddy.com is a website with a free app that directs you to the most affordable gas stations in your area. But DeHaan says as a general rule in the Southeast, the farther south you go the higher the gas prices get.  DeHaan says in Georgia into the Carolinas it can be anywhere from 10 to 15 cents cheaper per gallon than Florida. Gas Buddy can help you find the cheapest prices no matter where you go.
  • A Middleburg man has been found guilty of aggravated battery with a deadly weapon and leaving the scene of a crash involving injury, after an incident involving his ex-girlfriend. The State Attorney's Office says Larry Jamison now faces a maximum of 15 years in Florida State Prison, after they say surveillance video showed the entire incident.  According to investigators, Jamison drove his car into his ex-girlfriend as she was walking to church back in February. Investigators say just after hitting her, he got out of his car and yelled at her, and then drove off.  He was then later found by police in the church and acting as if the incident hadn't happened.   Jamison's sentencing hearing has been set for the week of December 3rd.
  • A former Alabama nurse accused of poisoning her private investigator husband had a preliminary hearing Thursday, at which time the shocking details of the crime were revealed for the first time. Marjorie Nicole “Nikki” Cappello, 32, of Huntsville, is charged with murder in the September death of her husband, New York native Jim Cappello Jr. AL.com reported that Jim Cappello, who was reported missing by his wife, was found dead at the couple’s south Huntsville home Sept. 22.  The registered nurse surrendered her license six days later, Alabama Board of Nursing records show.  Nikki Cappello, who jail records show is out on $100,000 bond, waived her right to appear at the preliminary hearing, but members of Jim Cappello’s family were in the courtroom as prosecutors and investigators laid out their case.  >> Read more trending news “Honestly, the family gets a lot of respect from me,” Assistant Madison County District Attorney Tim Douthit told WAFF 48 News. “I don't know if I would be able to sit there and listen to all of that and keep a straight face the way that they did. The evidence that came out today was pretty clear and horrendous.” Lead investigator Mike DeNoon testified Thursday that the investigation showed Jim Cappello, 37, had become suspicious that his wife was abusing narcotics. According to WAFF, he had begun gathering evidence against her, so he could file for divorce and obtain custody of their 4-year-old daughter, Ryleigh. According to his LinkedIn profile, Jim Cappello worked for Posey Investigations for several years before opening his own business, Cappello Investigative Agency, in 2012. DeNoon testified that Nikki Cappello reported her husband missing Sept. 21. The detective said that Jim Cappello’s co-workers had become concerned because he had not shown up for work. When they went to the couple’s home, however, Nikki Cappello would not let them inside, DeNoon said. Jim Cappello’s car was parked outside the house. According to WAFF, DeNoon testified that Nikki Cappello called a friend, Crystal Anderson, the following day and admitted she had killed her husband with insulin. Anderson told investigators that her friend asked her to come and help her get rid of the body. DeNoon said that Nikki Cappello put Anderson on hold for a few moments before returning to the line and telling her not to worry, that another friend was on the way to help her.  A concerned Anderson called police, WAFF reported. Police officials are trying to determine who the other friend was, the news station said.   A foul odor and a freshly dug grave Patrol officers were dispatched to the Cappello home, where one officer went to the front door and a second went around back, WAFF said. DeNoon testified that the officer at the front door smelled the odor of a dead body when Nikki Cappello answered the door. The officer around back found what appeared to be a freshly dug grave, DeNoon testified. The officers detained Nikki Cappello on the front porch and called detectives in.  WAFF reported that DeNoon, who was one of the investigators called to the scene, testified he also smelled the odor of human decomposition when he arrived. He said he asked a visibly nervous Nikki Cappello for permission to search her home. She gave permission for the investigators to search everywhere but the garage, the news station reported. DeNoon said Nikki Cappello was taken to the police station for questioning and he obtained a search warrant for the entire property. Jim Cappello’s body was found sprawled on a tarp on the garage floor, his feet on the floorboard of a car as though someone had tried to move him into the vehicle.  DeNoon told the court that the defendant acted as though nothing was wrong when she was told about the discovery, according to WAFF.  “You know I went inside. You know I found him, right?” DeNoon testified that he asked her.  “Yes, I knew he was there,” Nikki Cappello allegedly responded.  Though Jim Cappello’s final autopsy report is pending, the medical examiner told DeNoon the private detective was poisoned using insulin, WAFF reported.  DeNoon told the court that investigators went to the hospital where Nikki Cappello was a charge nurse and spoke to her co-workers, who said she often talked about her problems with her husband and said she would only be rid of him if he were dead, the news station said.  Hospital workers who looked through their medication supply found that some insulin was missing, WAFF reported. DeNoon said Nikki Cappello told him she’d accidentally brought a bottle of the diabetes drug home with her.  Jim Cappello apparently found the bottle and took a photo of it before texting the photo to a friend, WAFF said. At the time, he appeared not to know what the drug was.  Madison County District Judge Claude Hundley III ordered that the murder case go before a grand jury.  ‘Please make today like your last’ Jim Cappello’s obituary described him as an asset in multiple facets of his life, especially to the legal community. “He was an avid car enthusiast, passionate about helping people and providing for his family (was a) priority,” the obituary read. “Jim was a well-known proud father who cherished every smile and laugh from his baby girl.” Jim Cappello’s father and sister sat through Thursday’s testimony. Afterward, they told WAFF they felt it was important to be there, even though they had to come from out of state.  “It was pretty intense but I'm glad it’s going to move on,” Jim Cappello Sr. told the news station. 'We want to be part of the whole thing. He didn’t deserve this, but he deserves justice. He’s my son and I miss him.” The younger Jim Cappello’s sister, Jamie Weast, said she’s hopeful the family can get some closure through the legal process.  “He’s shining down on us right now. He’s with us every step of the way,” she said. “We’re doing everything that we're capable of every day to remember and honor him.” The family started a Facebook page, Legacy of James Cappello, for relatives and friends to share memories of him so Ryleigh, who is being cared for by the Cappello family, will remember her doting father. Many friends shared memories addressed directly to the little girl. “Your dad worked at McDonald’s during high school,” one man wrote. “Happy Meals included a Beany (sic) Baby doll. He used to complain about being surrounded by these furry toys. “Yet he fell in love with them when you came along. You were his hero. With or without fries.” Weast posted a text message her brother sent her on Mother’s Day, in which he said a friend’s mother had died and he was helping the friend out. He told her he was thinking of the people in his life and things happening to them. “So please make today like your last,” he wrote, according to Weast. “We don’t know. Enjoy it. And have everyone around you enjoy it. Love you so much. Can’t handle the thought of you not there.”  
  • A black Chicago-area church musician and security guard killed by a white police officer as he tried to stop a shooting at the bar where he was working was covering extra shifts to buy his infant son Christmas presents, his loved ones said.  Jemel Roberson’s girlfriend, Avontea Boose, told CNN that the 26-year-old part-time security guard was trying to earn extra cash to make their 9-month-old son, Tristan’s, first Christmas a special one. Boose is pregnant with the couple’s second child.  Roberson was on duty at Manny’s Blue Room Lounge, in Robbins, just after 4 a.m. Sunday when a man walked in and started shooting. Roberson, who was armed, had subdued the gunman outside the bar when officers from Robbins and nearby Midlothian arrived on the scene.  >> Related story: Armed security guard who stopped bar shooting killed by responding police officer A Midlothian police officer shot and killed Roberson. Boose told CNN that she was stunned when she learned he would not be coming home. “A family member called me and told me. I just broke down crying in the bathroom,” Boose told the network. “For a long time, I was in the bathroom.” Midlothian Police Chief Daniel Delaney on Thursday praised Roberson for his actions when gunfire broke out at the bar.  “What we have learned is Jemel Roberson was a brave man who was doing his best to end an active shooter situation at Manny’s Blue Room,” Delaney said in a statement posted on Facebook. “The Midlothian Police Department is completely saddened by this tragic incident and we give our heartfelt condolences to Jemel, his family and his friends. There are no words that can be expressed as to the sorrow his family is dealing with.” The investigation into Roberson’s killing was immediately turned over to the Illinois State Police, while the Cook County Sheriff’s Office is investigating the shooting inside the bar. Four people, including the gunman, suffered injuries that were not life-threatening.  A news release from the Illinois State Police states that the preliminary investigation showed the unnamed gunman entered Manny’s and opened fire, striking multiple patrons. Officers from Midlothian, Robbins and other suburban departments converged on the scene while the incident was ongoing.  “Upon his arrival, a Midlothian police officer encountered a subject in plain black clothing with no markings readily identifying him as a security guard, armed with a gun in the west parking lot,” the news release said. “According to witness statements, the Midlothian officer gave the armed subject multiple verbal commands to drop the gun and get on the ground before ultimately discharging his weapon and striking the subject.” After the fact, the officers learned Roberson was a security guard subduing someone he believed to be involved in the initial shooting, the news release said. Officers provided first aid to multiple gunshot victims at the scene, including Roberson.  The news release contradicts previous reports in which witnesses said Roberson was in some type of uniform, which included a hat with the word “Security” on it. Witness Adam Harris told WGN-TV that Roberson had the alleged gunman on the ground, holding him there with a knee to the back, when he was shot by the police officer.  “Everybody was screaming out, ‘Security! He was a security guard!’ Harris said. “And they still did their job and saw a black man with a gun and, basically, killed him.” CNN reported that Delaney said the unnamed Midlothian officer, who has been placed on administrative leave during the investigation, has been with the department nearly four years. A patrol officer, he also leads a regional SWAT team, the chief said.  The man also has three years’ experience with a different agency. Roberson’s family has filed a lawsuit in his death seeking $1 million in damages. The family’s attorney, Gregory Kulis, said he feels that the officer who shot the young musician did not make a proper assessment before firing his gun.  “Jemel was trying to save people’s lives,” Kulis said, according to CNN.  The ACLU of Illinois issued a statement from Karen Sheley, director of the organization’s Police Practices Project, that said Roberson should still be alive.  “Working as a security guard while black should not be a death sentence,” Sheley said in the statement. “In this case, police were more dangerous to him than an active shooter who he apparently subdued.  Sheley said the police shooting was avoidable.  “Here, a police officer’s assumptions about Mr. Roberson, apparently impacted by bias rather than a clear-headed assessment of the situation, resulted in a tragedy,” she said.  Roberson was a gospel musician who played keyboard and drums at several churches in the Chicago area. According to CNN, he was scheduled to perform at one of those churches later on the morning he was killed.  Boose described him as a “protector of everybody.” “To anybody he knew, he got close to, he was a protector,” she said.  Roberson planned to become a police officer, his friends and family said.  “He was getting ready to train and do all that stuff, so the very people he wanted to be family with took his life,” the Rev. Patricia Hill of Purposed Church told WGN.  Boose said life will never be the same for her son, who keeps asking for his father.  “My baby’s not going to have his father for Christmas, his birthday, any holidays anymore,” she told CNN. 
  • A west Alabama district attorney on Thursday survived what authorities are calling an “ambush-style shooting” by an unlikely suspect -- a former state trooper, who was subsequently killed by police.  Steven Smith Jr. was shot dead by officers who had just eaten lunch with Greg Griggers, the district attorney for the 17th Judicial Circuit, according Capt. Jason Roberts, of the Alabama Law Enforcement Agency’s State Bureau of Investigation. The 17th Judicial Circuit includes Marengo, Greene and Sumter counties. >> Read more trending news “It’s very, very shocking,” Roberts said during a news conference Thursday.  Roberts said the shooting took place around 12:45 p.m. on the main street in Demopolis, Marengo County’s biggest city. Griggers and the officers had returned to his office after eating at a nearby café. The Tuscaloosa News reported that as Griggers opened the door of his truck to exit it, Smith began firing at him with a shotgun from across the street. The two officers with the district attorney fired back, killing the 60-year-old former trooper.  Griggers, 52, was struck in the face, WVTM 13 News in Birmingham reported. His wounds were minor and he was treated and released from a hospital.  Roberts said that Smith, who was hired as a trooper in 1982, was fired in 1996. The News reported that while still a trooper, Smith was investigated after two shotgun blasts were fired into the home of 17th Judicial Circuit Court Judge Eddie Hardaway.  AL.com reported that Hardaway was the first black judge to preside over the 17th Judicial Circuit.  Smith at that time owned a white Mitsubishi that matched witnesses’ descriptions of the shooter’s car, AL.com said. Smith was also called before a special grand jury to testify. The then-trooper complained publicly and to the news media about the handling of that investigation, which the News reported included authorities questioning his then-girlfriend. He was fired after speaking to reporters about the case, AL.com said.  The case was ultimately dismissed in 1997 after the grand jury was dismantled. The News reported that Smith’s termination was upheld by the Alabama Court of Civil Appeals. Roberts said Smith’s records show he was not eligible for rehire.  The motive for Griggers’ shooting was not yet known, the investigator said.  “We’re very early in this investigation,” Roberts said. “All we know at this point is that the district attorney was fired upon in an ambush-style shooting and we will be investigating it as an independent investigation.” Watch Thursday’s news conference below, courtesy of WTOK-TV.  Demopolis Police Chief Tommie Reese asked that residents keep Griggers, who has served as district attorney since 2003, in their prayers.  “His family is very important to us, and he’s important to our circuit,” Reese said. “This is a heinous crime and the city of Demopolis will do everything we can to get it resolved.” The crime was an oddity for Demopolis, which the 2010 U.S. Census put at just under 7,500 residents. Reese said, however, that a shooting of a public official can happen anywhere in America.  “We’re kind of shocked that it happened in the city of Demopolis,” Reese said. “We don’t know the motive behind this case right now.” The chief said that Griggers, who he’s known for 20 years or longer, has been a great friend and prosecutor, but the job of district attorney can sometimes make a person some enemies.  “Otherwise, beyond that, Greg is a great person in the community,” Reese said. “He’s well liked, well respected.” Jay E. Town, U.S. attorney for the Northern District of Alabama, sent his thoughts and prayers to Griggers and his family.  “District Attorney Griggers is a dedicated public servant and an honorable man,” Town said in a statement. “This serves as yet another reminder of the perils and dangers that law enforcement at every level face daily.”
  • A judge ruled Friday that the White House must reinstate CNN reporter Jim Acosta’s press credentials after the news network filed suit earlier this week against President Donald Trump and his top aides. >> Read more trending news U.S. District Court Judge Timothy J. Kelly granted CNN a temporary restraining order after determining that the White House likely violated Acosta’s right to due process when he was banned from the White House last week. Update 1 p.m. EST Nov. 16: Speaking to reporters at the White House on Friday, Trump said officials are writing up rules and regulations for journalists to ensure proper decorum in the White House. 'You can't take three questions and four questions,' he said. 'You can't stand up and not sit down.' >> From Cox Media Group’s Jamie Dupree: After Acosta ruling, Trump says press will face new rules on behavior Trump spoke hours after Kelly determined that Acosta’s right to due process was likely violated by the White House’s decision to abruptly ban him last week. 'We want total freedom of the press,' Trump said. 'But you have to act with respect when you're at the White House, and when I see the way some of my people get treated at news conferences, it's terrible.' He said that if reporters fail to follow the yet-to-be written rules, “We'll end up back in court and we'll win, but most importantly, we'll just leave. And then you won't be very happy. Because we do get good ratings.” Update 11:45 a.m. EST Nov. 16: The White House will reinstate Acosta’s press pass after a judge ruled Friday that officials likely violated his right to due process last week when they abruptly barred him. “In response to the court, we will temporarily reinstate the reporter’s hard pass,” White House press secretary Sarah Huckabee Sanders said in a statement. “We will also further develop rules and processes to ensure fair and orderly press conferences in the future.” Huckabee Sanders said the court “made clear that there is no absolute First Amendment right to access the White House,” though Kelly emphasized in court that his ruling did not address questions over whether Acosta’s First Amendment rights had been violated, CNN reported. “There must be decorum at the White House,” Huckabee Sanders added. Acosta’s press credentials were revoked last week after he got into a heated back-and-forth with the president while questioning him over a caravan of migrants headed for the U.S. from Honduras. Update 11:15 a.m. EST Nov. 16: CNN has formally requested that the White House return Acosta’s press pass. Update 10:55 a.m EST Nov. 16: In court Friday, Kelly noted that attorneys for the government could not say who made the initial decision to revoke Acosta’s pass, The Associated Press reported. Kelly found White House officials likely violated Acosta’s right to due process when they revoked his press credentials last week. White House press secretary Sarah Huckabee Sanders accused Acosta in a statement released after the incident of “placing his hands on a young woman just trying to do her job as a White House intern.” She also shared video of the incident in question on Twitter. >> Sarah Sanders tweeted ‘doctored’ video of Jim Acosta: WaPost Kelly said Friday that the “belated efforts were hardly sufficient to satisfy due process,” according to the AP. The judge also determined that the decision to bar Acosta from the White House caused him “irreparable harm” that was not lessened by the fact that other CNN reporters maintained their White House press passes, The Washington Post reported. Kelly emphasized in court that his ruling was limited and did not address questions over whether Acosta’s First Amendment rights had been violated, CNN reported. He told attorneys to file additional court papers in the case by Monday, according to the AP. Update 10:40 a.m. EST Nov. 16: “This is a great day for the First Amendment and journalism,” CNN attorney Ted Boutrus said in a brief statement outside the courthouse Friday. Acosta thanked other journalists who have thrown their support behind him and CNN as the case went to court. More than a dozen news organizations on Wednesday announced their intent to support CNN in the suit. “Let’s get back to work,” Acosta said. Update 10:30 a.m. EST Nov. 16: U.S. District Court Judge Timothy J. Kelly ruled Friday that the White House must return Acosta’s press credentials, according to CNN. The decision came at a 10 a.m. hearing Friday after Kelly told the court CNN was likely to prove Acosta’s credentials were revoked without proper due process, The Washington Post reported. Update 8:45 a.m. EST Nov. 16: U.S. District Court Judge Timothy J. Kelly is set to rule Friday on CNN’s request to have Acosta’s press credentials reinstated. Update 1:05 p.m. EST Nov. 15: A judge on Thursday delayed a scheduled ruling on the case, CNN’s chief media correspondent Brian Stelter said, citing court records. U.S. District Court Judge Timothy J. Kelly is scheduled to hand down his decision at 10 a.m. Friday on whether to grant a temporary restraining order in the case.  Update 5:40 p.m. EST Nov. 14: The judge in the CNN lawsuit against President Donald Trump and other administration officials over banning reporter Jim Acosta from the White House said he’ll issue a ruling Thursday at 3 p.m., according to news outlets. U.S. District Court Judge Timothy J. Kelly heard arguments from both sides in a two hour hearing Wednesday afternoon. It’s the first hearing in CNN and Acosta’s federal lawsuit against Trump and other administration officials over the suspension of Acosta’s White House press pass. The network and Acosta contend the suspension violated the First and Fifth Amendments. The White House said in a Justice Department filing Wednesday that it has “broad discretion” to decide which journalists get permanent press passes. Journalism advocates said that the White House position is a break with historical tradition, with past administrations granting press access to large and small news outlets, and that the Acosta suspension is an unprecedented step that could have a negative impact on journalism. Update 12:05 p.m. EST Nov. 14: In a court filing Wednesday, the Justice Department argued, 'No journalist has a First Amendment right to enter the White House,' after CNN sued the Trump administration for revoking Acosta’s press credentials, The Hill reported. 'The president and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences,' attorneys said in the filing, according to The Hill. Attorneys for CNN filed suit Tuesday in U.S. District Court in Washington. A judge scheduled a hearing in the case for 3 p.m. Wednesday. Update 11:45 a.m. EST Nov. 14: More than a dozen news organizations on Wednesday announced their intent to support CNN in the network’s suit against the Trump administration. 'Whether the news of the day concerns national security, the economy, or the environment, reporters covering the White House must remain free to ask questions,' officials from organizations including The Associated Press and The New York Times, said Wednesday in a joint statement.  'It is imperative that independent journalists have access to the President and his activities, and that journalists are not barred for arbitrary reasons.' Update 11:15 a.m. EST Nov. 14: Fox News plans to file an amicus brief in support of CNN in the news network's lawsuit against the Trump administration, Fox News president Jay Wallace said Wednesday in a statement. 'Secret Service passes for working White House journalists should never be weaponized,' Wallace said. 'While we don't condone the growing antagonistic tone by both the President and the press at recent media avails, we do support a free press, access and open exchanges for the American people.' CNN filed suit against Trump and several officials Tuesday, days after reporter Jim Acosta had his press credentials revoked following a contentious exchange with the president. White House press secretary Sarah Huckabee Sanders accused Acosta in a statement released after the incident of “placing his hands on a young woman just trying to do her job as a White House intern.” Update 10:25 p.m. EST Nov. 13: A federal judge has given the Trump administration until 11 a.m. Wednesday morning to respond to CNN’s lawsuit demanding a temporary restraining order in the battle over the White House’s revocation of reporter Jim Acosta’s press credentials, according to The Washington Post. A hearing is scheduled for Wednesday afternoon in U.S. District Court in Washington. CNN’s attorney said the network is considering whether to request financial damages in its claim against President Donald Trump. Original report: In the lawsuit, filed in D.C. District Court, attorneys for CNN asked for Acosta’s press credentials to be immediately reinstated and protected. >> White House suspends CNN reporter Jim Acosta’s press credentials “While the suit is specific to CNN and Acosta, this could have happened to anyone,” CNN officials said in a statement. “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.” Attorneys for CNN named six defendants in the suit, including Trump, chief of staff John Kelly and White House press secretary Sarah Huckabee Sanders. The lawsuit alleged the decision to revoke Acosta’s credentials was a “severe and unprecedented punishment” following “years of hostility by President Trump against CNN and Acosta based on the contents of their reporting.” “(It’s) an unabashed attempt to censor the press and exclude reporters from the White House who challenge and dispute the President’s point of view,” CNN attorneys said in the lawsuit. Acosta’s press credentials were suspended Wednesday after a White House intern attempted to take his microphone during a news conference with Trump. Huckabee Sanders released a statement after the incident accusing Acosta of “placing his hands on a young woman just trying to do her job as a White House intern.”
  • Hours after a federal judge ordered the White House to reinstate the press pass of CNN reporter Jim Acosta, President Donald Trump said new rules would be put in place at the White House governing the behavior of reporters, and if those rules are violated, then that would be grounds to pull the press pass of the offending reporter. “People have to behave. We’re writing up rules and regulations,” President Trump told reporters after a bill signing ceremony at the White House, saying he wants to enforce rules of decorum. “Decorum. You can’t take three questions and four questions. You can’t stand up and not sit down,” the President added, as he said there was one other option as well. “We always have the option of leaving,” Mr. Trump said. “We’ll just leave, and then you won’t be very happy, because we get good ratings.” 'We want total freedom of the press, that's very important to me. It's more important to me than anybody would believe. But you have to act with respect. You're in the White House,' Trump says pic.twitter.com/XdpWUjJfVT — TicToc by Bloomberg (@tictoc) November 16, 2018 It wasn’t clear exactly what the rules would say, or when the possible changes would be instituted – but the President made clear he wanted them to give his aides the legal predicate to get rid of reporters who don’t display the necessary ‘decorum.’ “With the rules and regulations, we will end up back in court and we will win,” Mr. Trump said in a photo op. The President made his comments just moments after CNN’s Acosta returned to the White House, immediately after a federal judge appointed by the President had said that no legitimate reason had been given by the government for revoking his ‘hard pass’ to the White House. Acosta could have – but did not – attend the photo op. LIVE: CNN reporter Jim Acosta returns to the White House after a judge ruled that Trump must reinstate his press access https://t.co/PBmUT5rgSD — TicToc by Bloomberg (@tictoc) November 16, 2018 In a statement, the group representing reporters at the White House said Acosta’s return was the correct move. “The White House Correspondents’ Association welcomes today’s ruling, in which a federal judge made it clear that the White House cannot arbitrarily revoke a White House press pass.”
  • A jury on Friday found former Uber Eats driver Robert Bivines guilty of several charges, including felony murder, for the February shooting death of his customer Ryan Thornton. >> Read more trending news  Update 12:45 p.m. EST Nov. 16: Jurors in Fulton County deliberated for roughly three hours Friday before finding Biviens guilty of malice murder, felony murder, aggravated assault and possession of a weapon during the commission of a felony.  Bivines, 36, a former Uber Eats driver, has long claimed he shot and killed Thornton, 30, in self-defense after he was threatened while delivering food to Thornton’s Buckhead condominium on the night of Feb. 17. Original report: Was Robert Bivines justified in killing Ryan Thornton? That’s the question jurors must answer when deliberations begin Friday morning.  Bivines, 36, a former Uber Eats driver, has long claimed he shot and killed Thornton, 30, in self-defense after he was threatened while delivering food to Thornton’s Buckhead condominium on the night of Feb. 17. Bivines is on trial in Fulton County Superior Court this week for the February shooting death of Thornton. Bivines testified Thursday that Thornton threatened to “(expletive) him up” because he was angry the driver would not bring his food upstairs. Bivines said Thorton approached him in an aggressive manner and motioned with is hand in his pocket as if he had a gun, so Bivines grabbed his gun, fired four shots at Thornton then drove away, he said. “I felt harmed,” Bivines said. “I thought he was going to shoot me.”  >> Trending: Homemade silencer last piece of evidence in arrest of 4 family members in 8 murders But prosecutors disputed Bivine’s story noting that no weapon was found on Thornton and he didn’t make a move like he had one, they said. And if Bivines were truly afraid for his life, they said, he had other options, including calling police or 911 for help. “Words alone are not sufficient to justify killing someone,” Fulton County Senior Assistant District Attorney Lauren Travis said in court Thursday during closing arguments in the case.  Attorney Jackie Patterson said his client panicked. Surveillance video from that night shows Thorton getting the food and exchanging some words with Bivines.  Bivines admitted to firing four shots, two of which Fulton County prosecutors said were fired after Thornton was already on the ground. He then drove off.  “Anyone involved in a situation like that isn’t going to wait around,” Patterson said about Bivines’ action that night. Instead of calling the police or 911 for help, prosecutors said Bivines chose to sit at his girlfriend’s job for six hours after the shooting.  Bivines testified he immediately drove to the Cumberland Mall area where his girlfriend worked, and sat there waiting for her shift as a security guard to end. Bivines was expected to pick her up from work and drive them back to their Alpharetta home.  That was 6 a.m. During those hours waiting, he said he made some phone calls, including one to her, but didn’t tell anyone about the shooting.  >> Trending: Ballerina found dead in Missouri lake; investigators looking for clues in death And as night turned to day, Bivines said he still hadn’t told anyone. He wouldn’t talk to anyone about the shooting until he received a call from Atlanta police Detective Andre Lowe asking to come to police headquarters to tell his side of the story.  That night, Bivines said he searched “uber eats driver” and “uber eats driver news” to see what had been reported about the shooting. When he came across an online article identifying him as a potential suspect, he decided to call a lawyer.  Bivines would turn himself in to authorities the Monday after the Saturday shooting.  During testimony this week, Thornton’s fiancee, Jerica Jones, who was at the condo with him, described heaing the shots that killed him, WSB-TV reported. After the shooting, Thornton called his fiancee. “I hear Ryan’s voice crackling, saying ‘Don’t panic. I’ve been shot,’ and that’s the last time I ever spoke to him,” Jones testified. During closing arguments, Travis said Bivines aggressively baited Thornton in to coming back to the car and intentionally fired shots at him. Travis criticized Bivines for not remembering details from that night and claimed his conscious kicked in when he was worried about being caught.  >> Trending: Guns seized at Atlanta's Hartsfield-Jackson checkpoints sets national record Patterson insisted his client stood his ground, but acknowledged the pain of Thornton’s family.  “There are no winners in these kinds of cases,” he said.  Judge Jerry Baxter dismissed jurors home for the day after reading them their instructions. They will begin deliberations at 9:30 a.m. Bivines faces charges of malice murder, felony murder, aggravated assault and possession of a firearm during the commission of a felony.

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  • Over a week after being publicly ridiculed for losing her seat in Congress by President Donald Trump, Rep. Mia Love (R-UT) on Friday night was on the verge of pulling off a stunning comeback in her re-election bid, as the continued counting of ballots in her Utah district finally pushed her into the lead by a slender 419 votes. “Hard to see how she relinquishes that now,” said Dave Wasserman, an elections expert who has been forecasting a possible comeback by Love for several days. Still being tabulated are thousands of provisional ballots in Utah and Salt Lake counties, which take time to verify, as Utah and a number of other states slowly push their way through the votes of the November mid-term elections. The jump into first place for Love came as a judge tossed out a lawsuit that she filed – which oddly would have stopped vote counting in Salt Lake County – a move that her opponent said ‘smacks of desperation.’ “Utah voters deserve better than this,” said Democrat Ben McAdams. With the Utah County numbers posting, Rep. Mia Love has taken a 419-vote lead over Ben McAdams. #utpol — #VoteGehrke (@RobertGehrke) November 16, 2018 But the McAdams lead over Love has slowly withered away in recent days, leaving Love favored by many to win re-election. A comeback victory would be filled with irony, especially after the mocking ridicule heaped upon Love and a number of other House Republicans by President Donald Trump, who said the day after the elections that Love and others were defeated because they refused to embrace him. “Mia Love gave me no love and she lost,” the President said, almost seeming to enjoy the outcome. “Too bad. Sorry about that Mia.” President Trump lists Republicans who didn't embrace him and lost. 'They did very poorly. I'm not sure that I should be happy or sad, but I feel just fine about it.' 'Mia Love gave me no love and she lost. Too bad. Sorry about that Mia.' pic.twitter.com/ZV7EKcWjLX — CSPAN (@cspan) November 7, 2018 Two weekends after the elections, a small number of races remained undecided – with some that could stretch until after Thanksgiving: FLORIDA SENATE – With a manual recount finishing up, and Florida’s 67 counties waiting through Saturday to deal with any other stray ballots, Gov. Rick Scott (R-FL) seems headed for victory over Sen. Bill Nelson (D-FL). This will give the GOP a big victory, and a 2 seat margin in the U.S. Senate. From a statistical/electoral/historical perspective, Scott's defeat of Nelson is pretty much unmatched in recent political history. Beating a swing state opposition party senator without a hint of scandal in a midterm… It's quite impressive. — (((Harry Enten))) (@ForecasterEnten) November 17, 2018 CALIFORNIA 39 – This is the first of six (or maybe seven) undecided House races. After holding the lead for days, Republican Young Kim has now been swamped by late votes coming from both Orange and Los Angeles counties, and now trails Democrat Gil Cisneros by over 3,000 votes. This should complete what is a total GOP wipeout in Orange County, as Democrats would gain six GOP seats in the Golden State. Congressional districts in Orange County, Calif. in 2016 and in 2018 pic.twitter.com/TWRQ1pPzS4 — Morning Joe (@Morning_Joe) November 16, 2018 CALIFORNIA 21 – This seat has already been called by the AP and other news organizations for the Republicans, but as the votes keep coming in, Rep. David Valadao’s lead keeps shrinking, and some wonder if he can hold on. This might be a long shot, but it bears watching. It’s hard to fathom that Democrats could gain a seventh seat in California. We've been watching CA-21 like a hawk for more than a week now, and the chance for Democrat T J Cox to catch up to Valadao has gone from remote but intriguingly possibile to plausible. We're moving this one to our uncalled races tab. https://t.co/FeGWU7SsoE — Daniel Donner (@donnermaps) November 17, 2018 UTAH 4 – As mentioned above, Rep. Mia Love (R-UT) now has the lead. This would be a big save for Republicans, who have had very little to cheer about in the past 10 days since the elections. In fact, there has been an almost daily drumbeat of Democratic victories each night since then, as they edge closer to a possible pickup of almost 40 House seats, their largest gains since 1974 after Watergate. BREAKING: As expected, #UT04 GOP Rep. Mia Love (R) has pulled into the lead over Ben McAdams (D) by 419 votes. Hard to see how she relinquishes it now. https://t.co/nfsptUdHiN — Dave Wasserman (@Redistrict) November 16, 2018 NEW YORK 22 – This seat can probably be called for the Democrats by the AP and other organizations, as absentee ballot counts on Friday went clearly for Democrat Anthony Brindisi, leaving Rep. Claudia Tenney (R-NY) behind by over 3,000 votes in this northern New York district. This is not a spot where the GOP should have lost. @Redistrict Brindisi lead in NY22 has surged to more 3000 votes! I see no path to victory for Tenney. She's falling further behind as more ballots are counted, that's a losing combination, a larger deficit, and fewer votes left to count. https://t.co/ae1Ny8Osws — Kevin O'Connell (@Kevtoco) November 17, 2018 NEW YORK 27 – Indicted Rep. Chris Collins (R-NY) still leads by over 1,000 votes in this western New York district, with one big cache of absentee ballots and provisionals to count next Tuesday around Buffalo. Democrat Nate McMurray has been winning a majority of absentee ballots in recent days in counties where he lost the Election Day vote, making some wonder if he has a chance to win this race at the last minute next week. This is the equivalent of betting a horse that’s maybe 9-1. It might win. Nate McMurray continues to gain ground in counties that he lost to Rep. Chris Collins in. Biggest test will be Tuesday when the Erie County absentee and affidavit votes will be counted. https://t.co/f5nincKkZx — WGRZ (@WGRZ) November 16, 2018 GEORGIA 7 – While the race for Governor is over, Rep. Rob Woodall (R-GA) has a 419 vote edge in this suburban Atlanta district, with all of the votes counted. Democratic challenger Carolyn Bourdeaux announced on Friday afternoon that she would ask for a recount. While a recount doesn’t usually switch the outcome, we have certainly seen in Florida and other states in recent days where there are tabulation errors uncovered – so you can’t say this is in the bag for the GOP – but they are favored. News: We will file for a recount of the 7th district race. With a margin of only 419 votes (0.14%), we want to make sure every vote was counted correctly & fairly. It is crucial that every eligible vote is counted & every voice is heard. #GA07 #GAPol — Carolyn Bourdeaux (@Carolyn4GA7) November 16, 2018 TEXAS 23 – Even though she’s behind by just under 1,000 votes, Cindy Ortiz Jones spent the week in Washington going through freshman orientation, but that may not work out for the Texas Democrat, as Rep. Will Hurd (R-TX) seems like he’s in good position in this race, leading by 0.5 percent. Hurd’s people on Friday were declaring victory, but it wasn’t clear if Jones would press for any kind of vote review. Republicans are favored to hold on to this border district, but it was much closer than anyone had predicted. Bexar County has finished counting, leaving only six votes left to count (Kinney & Upton). @WillHurd has won by 928 votes, this race is over #TX23 — Connor Pfeiffer (@ConnorPfeiffer) November 16, 2018 Democrats right now have a net gain of 36 seats – they should win at least two of the undecided races left, and have an outside chance at others. Right now, the new Congress stands at 231 Democrats to 198 Republicans, with six seats undecided. One final note – this extended time of vote counting is totally normal. Reporters follow it every two years, but many partisans think there is something amiss.
  • The Jacksonville Sheriff's Office says an active investigation is underway after their officers were involved in a shooting in the Paxon area on the Westside.  The Director of Investigations and Homeland Security with JSO, Ron Lendvay, says the shooting stemmed from a traffic violation at around 4:00 PM Friday.  'A field training officer and his recruit were working in the area of St. Clair and Detroit Street, when they observed a traffic violator. The violator was observed running a stop sign and increasing his speed. The officers activated their overhead emergency lights and noted that the passenger side kept opening and closing as the vehicle continued on,' explains Lendvay.  At some point, the officers say the vehicle stopped to let someone out of the passenger side on Melson Avenue. JSO says that person was seen by the officers with a pistol in his hand.  Officers stopped to chase that man and the field training officer was able to catch up to him. At some point during their interaction, police say the officer fired several shots at him.  The suspect was hit by the gunfire, taken into custody, and then to the hospital, where police say he underwent surgery. He's now described as being in critical condition, but currently stable at the hospital.  As this chase and shooting was occurring, Lendvay says the original driver abandoned the vehicle nearby and fled on foot as did another passenger. At this time, neither of those individuals have been found.  Lendvay says several officers involved in different portions of this incident were wearing body cameras. That video is still in the process of being collected and will be reviewed.  At this time, police say it's not clear if the suspect fired any shots or what exactly occurred during the interaction with the officer.  The sheriff's office plans to release further information on this shooting on Saturday. WATCH FULL BRIEFING FROM JACKSONVILLE SHERIFF’S OFFICE:
  • Gas prices are down across the country right now, which is good news if you plan on driving to visit friends or family for Thanksgiving. Depending on which way you are going, you might want to fill up before you leave, says Patrick DeHaan, Head of Gas and Petroleum Analysis at Gas Buddy.  'Generally, if you are heading out of the state, wait until you cross out of Florida to fill up,' he says.  But if you are heading south to places like Miami or the Florida Keys, you'll want to get your gas before you get too far south, because that's where the prices are the highest.  Although prices are down right now across Florida, states like Georgia, South Carolina and Alabama are generally going to be cheaper to top off your tank, DeHaan says.  GasBuddy.com is a website with a free app that directs you to the most affordable gas stations in your area. But DeHaan says as a general rule in the Southeast, the farther south you go the higher the gas prices get.  DeHaan says in Georgia into the Carolinas it can be anywhere from 10 to 15 cents cheaper per gallon than Florida. Gas Buddy can help you find the cheapest prices no matter where you go.
  • A Middleburg man has been found guilty of aggravated battery with a deadly weapon and leaving the scene of a crash involving injury, after an incident involving his ex-girlfriend. The State Attorney's Office says Larry Jamison now faces a maximum of 15 years in Florida State Prison, after they say surveillance video showed the entire incident.  According to investigators, Jamison drove his car into his ex-girlfriend as she was walking to church back in February. Investigators say just after hitting her, he got out of his car and yelled at her, and then drove off.  He was then later found by police in the church and acting as if the incident hadn't happened.   Jamison's sentencing hearing has been set for the week of December 3rd.
  • A former Alabama nurse accused of poisoning her private investigator husband had a preliminary hearing Thursday, at which time the shocking details of the crime were revealed for the first time. Marjorie Nicole “Nikki” Cappello, 32, of Huntsville, is charged with murder in the September death of her husband, New York native Jim Cappello Jr. AL.com reported that Jim Cappello, who was reported missing by his wife, was found dead at the couple’s south Huntsville home Sept. 22.  The registered nurse surrendered her license six days later, Alabama Board of Nursing records show.  Nikki Cappello, who jail records show is out on $100,000 bond, waived her right to appear at the preliminary hearing, but members of Jim Cappello’s family were in the courtroom as prosecutors and investigators laid out their case.  >> Read more trending news “Honestly, the family gets a lot of respect from me,” Assistant Madison County District Attorney Tim Douthit told WAFF 48 News. “I don't know if I would be able to sit there and listen to all of that and keep a straight face the way that they did. The evidence that came out today was pretty clear and horrendous.” Lead investigator Mike DeNoon testified Thursday that the investigation showed Jim Cappello, 37, had become suspicious that his wife was abusing narcotics. According to WAFF, he had begun gathering evidence against her, so he could file for divorce and obtain custody of their 4-year-old daughter, Ryleigh. According to his LinkedIn profile, Jim Cappello worked for Posey Investigations for several years before opening his own business, Cappello Investigative Agency, in 2012. DeNoon testified that Nikki Cappello reported her husband missing Sept. 21. The detective said that Jim Cappello’s co-workers had become concerned because he had not shown up for work. When they went to the couple’s home, however, Nikki Cappello would not let them inside, DeNoon said. Jim Cappello’s car was parked outside the house. According to WAFF, DeNoon testified that Nikki Cappello called a friend, Crystal Anderson, the following day and admitted she had killed her husband with insulin. Anderson told investigators that her friend asked her to come and help her get rid of the body. DeNoon said that Nikki Cappello put Anderson on hold for a few moments before returning to the line and telling her not to worry, that another friend was on the way to help her.  A concerned Anderson called police, WAFF reported. Police officials are trying to determine who the other friend was, the news station said.   A foul odor and a freshly dug grave Patrol officers were dispatched to the Cappello home, where one officer went to the front door and a second went around back, WAFF said. DeNoon testified that the officer at the front door smelled the odor of a dead body when Nikki Cappello answered the door. The officer around back found what appeared to be a freshly dug grave, DeNoon testified. The officers detained Nikki Cappello on the front porch and called detectives in.  WAFF reported that DeNoon, who was one of the investigators called to the scene, testified he also smelled the odor of human decomposition when he arrived. He said he asked a visibly nervous Nikki Cappello for permission to search her home. She gave permission for the investigators to search everywhere but the garage, the news station reported. DeNoon said Nikki Cappello was taken to the police station for questioning and he obtained a search warrant for the entire property. Jim Cappello’s body was found sprawled on a tarp on the garage floor, his feet on the floorboard of a car as though someone had tried to move him into the vehicle.  DeNoon told the court that the defendant acted as though nothing was wrong when she was told about the discovery, according to WAFF.  “You know I went inside. You know I found him, right?” DeNoon testified that he asked her.  “Yes, I knew he was there,” Nikki Cappello allegedly responded.  Though Jim Cappello’s final autopsy report is pending, the medical examiner told DeNoon the private detective was poisoned using insulin, WAFF reported.  DeNoon told the court that investigators went to the hospital where Nikki Cappello was a charge nurse and spoke to her co-workers, who said she often talked about her problems with her husband and said she would only be rid of him if he were dead, the news station said.  Hospital workers who looked through their medication supply found that some insulin was missing, WAFF reported. DeNoon said Nikki Cappello told him she’d accidentally brought a bottle of the diabetes drug home with her.  Jim Cappello apparently found the bottle and took a photo of it before texting the photo to a friend, WAFF said. At the time, he appeared not to know what the drug was.  Madison County District Judge Claude Hundley III ordered that the murder case go before a grand jury.  ‘Please make today like your last’ Jim Cappello’s obituary described him as an asset in multiple facets of his life, especially to the legal community. “He was an avid car enthusiast, passionate about helping people and providing for his family (was a) priority,” the obituary read. “Jim was a well-known proud father who cherished every smile and laugh from his baby girl.” Jim Cappello’s father and sister sat through Thursday’s testimony. Afterward, they told WAFF they felt it was important to be there, even though they had to come from out of state.  “It was pretty intense but I'm glad it’s going to move on,” Jim Cappello Sr. told the news station. 'We want to be part of the whole thing. He didn’t deserve this, but he deserves justice. He’s my son and I miss him.” The younger Jim Cappello’s sister, Jamie Weast, said she’s hopeful the family can get some closure through the legal process.  “He’s shining down on us right now. He’s with us every step of the way,” she said. “We’re doing everything that we're capable of every day to remember and honor him.” The family started a Facebook page, Legacy of James Cappello, for relatives and friends to share memories of him so Ryleigh, who is being cared for by the Cappello family, will remember her doting father. Many friends shared memories addressed directly to the little girl. “Your dad worked at McDonald’s during high school,” one man wrote. “Happy Meals included a Beany (sic) Baby doll. He used to complain about being surrounded by these furry toys. “Yet he fell in love with them when you came along. You were his hero. With or without fries.” Weast posted a text message her brother sent her on Mother’s Day, in which he said a friend’s mother had died and he was helping the friend out. He told her he was thinking of the people in his life and things happening to them. “So please make today like your last,” he wrote, according to Weast. “We don’t know. Enjoy it. And have everyone around you enjoy it. Love you so much. Can’t handle the thought of you not there.”  

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