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Menendez brothers abuse wouldn’t have changed convictions, judge rules

A judge has rejected Erik and Lyle Menendez’s petition for a new trial, ruling that additional evidence that they suffered sexual abuse at their father’s hands would not have changed the outcome of the trial that has put them in prison for more than 35 years for gunning down their parents.

The ruling, handed down by Los Angeles County Superior Court Judge William C. Ryan on Monday, is the latest blow to the brothers’ bid for release. Both were denied parole during lengthy hearings in late August.

A habeas corpus petition filed on behalf of the brothers in 2023 argued they should have been able to present additional evidence at trial that their father, Jose Menendez, was sexually abusive.

The new evidence included a 1988 letter that Erik Menendez sent to his cousin, Andy Cano, saying he was abused into his late teens. There were also allegations made by Roy Rosselló, a former member of the boy band Menudo, who claimed Jose Menendez raped him.

The brothers have long argued they were in fear for their lives that their father would keep abusing them, and that their parents would kill them to cover up the nightmarish conditions in their Beverly Hills home.

Prosecutors contended the brothers killed their parents with shotguns in 1989 to get access to their massive inheritance, and have repeatedly highlighted Erik and Lyle’s wild spending spree in the months that followed their parents’ deaths. .

“Neither piece of evidence adds to the allegations of abuse the jury already considered, yet found that the brothers planned, then executed that plan to kill their abusive father and complicit mother,” Ryan wrote. “The court finds that these two pieces of evidence presented here would have not have resulted in a hung jury nor in the conviction of a lesser instructed offense.”

Ryan agreed with Los Angeles County Dist. Atty. Nathan Hochman that the petition should not grant the brothers a new trial because the abuse evidence would not have changed the fact that the brothers planned and carried out the execution-style killings in the family living room.

Ryan wrote the new evidence would not have resulted in the trial court proceeding differently because the brothers could not show they experienced a fear of “imminent peril.”

A spokesperson for the group of more than 30 Menendez relatives who have been fighting for the brothers’ release did not immediately respond to a request for comment. A spokesman for the district attorney’s office was not immediately available for comment.

The gruesome killings occurred after the brothers used cash to buy the shotguns and attacked their parents while they watched a movie in the family living room.

Prosecutors said Jose Menendez was struck five times with shotgun blasts, including in the back of the head, and Kitty Menendez crawled on the floor wounded before the brothers reloaded and fired a final, fatal blast.

The petition rejected this week was one of three paths the Menendez legal team has pursued in seeking freedom for the brothers. Another judge earlier this year resentenced them to 50 years to life for the murders, making them eligible for parole after they were originally sentenced to life in prison.

Both were denied release at their first parole hearing, but could end up before the state panel again in as soon as 18 months. Clemency petitions are also still pending before Gov. Gavin Newsom.

The first trial ended with hung juries for each brother. In the second, allegations of abuse and supporting testimonies were restricted, and Lyle and Erik Menendez were convicted of first-degree murder in March 1996.

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Unexpected release of audio file causes Menendez parole hearing drama

Access to the parole hearings this week for brothers Erik and Lyle Menendez was tightly controlled by state prison officials, but despite the efforts to limit outside interference and drama, the unexpected release of an audio recording nearly derailed Friday’s proceeding.

The disclosure of an audio recording of Erik’s parole hearing, held Thursday, tossed his older brother Lyle’s hearing into disarray the following evening.

The closely watched hearings gave the Menendez brothers a chance at freedom for the first time since they were convicted and sentenced to life in prison for the 1989 shotgun killings of their parents in Beverly Hills.

The state parole board denied a petition from Erik, 54, after an all-day session Thursday. Updates to the news media were provided by a Times reporter who was selected to observe the hearings from a conference room at California Department of Corrections Rehabilitation headquarters near Sacramento.

Audio recording of the hearing was forbidden except by state prison officials. Media organizations were prohibited from disseminating any information in so-called pool reports from the Times reporter until after the parole board issued its decision.

The same restrictions applied to Lyle’s hearing on Friday, which also ran long. But as the hearing came to a close, news broke that created a complication.

TV station ABC7 published a recording of Erik’s hearing, which apparently had been inadvertently handed over in response to a public records request.

A corrections department spokesperson confirmed the audio had been “erroneously” released, but did not elaborate or respond to additional questions from The Times.

The news report brought the hearing to a temporary halt, sparking anger, frustration and accusations that prison officials had purposely released the recording to cause a “spectacle.”

“This is disgusting,” said Tiffani Lucero Pastor, one of the brothers’ relatives who at one point screamed at the members of the parole board. “You’ve misled the family, and now to compound matters, you’ve violated this family and their rights.”

Heidi Rummel, parole attorney for both Erik and Lyle Menendez, asked for a break during the already nine hours long hearing, and at one point asked that the meeting be adjourned, arguing that it was no longer a fair hearing because of the audio’s release.

“We are sitting here asking Mr. Menendez to follow rules,” she said during the hearing. “And in the middle of this hearing, we find out CDCR is not following its own rules. It’s outrageous.”

The fate of Lyle, 57, had not yet been decided, but the board had denied Erik’s release after questioning him extensively about his use of contraband cellphones and other violations of prison rules.

“I don’t think you can possibly understand the emotion of what this family is experiencing,” Rummel said. “They have spent so much time trying to protect their privacy and dignity.”

The Menendez brothers first saw a chance at parole after Los Angeles County Dist. Atty. George Gascón petitioned a judge to have their sentences reduced to 50 years in prison.

The move made them eligible for parole, but new Dist. Atty. Nathan Hochman moved to oppose the petition after he defeated Gascón in the November election. L.A. County Superior Court Judge Michael Jesic denied Hochman’s request and found that prosecutors failed to show that the Menendez brothers were a danger to the public, clearing their path to the parole board.

The case, and the brothers’ petitions, has continued to generate nationwide attention, including a social media effort that pushed to have the Menendez brothers released in light of allegations the two were sexually abused by their father.

With the case already under a microscope, the release of the audio file created yet another roller coaster of speculation and doubt.

Parole Commissioner Julie Garland said that audio of the hearings could be released under the California Public Records Act, and that transcripts of the parole hearings usually become public 30 days after a decision is issued, under state law.

Rummel noted during the hearing that, as a parole attorney, she had requested audio of parole hearings in the past but the requests had been denied.

“It’s highly unusual,” she said during the hearing Friday. “It’s another attempt to make this a public spectacle.”

Rummel had objected to media access to the hearing, and implied at one point that media access had led to a “leak.”

Rummel did not immediately respond to a request for comment.

“It’s unacceptable,” said Maya Emig, an attorney representing Joan Vandermolen, Kitty Menendez’s sister. “There has to be notice given.”

Rummel asked whether the board also planned to release the audio of Lyle Menendez’s hearing.

“What policy allows for this to happen in this hearing but literally no other hearing?” Rummel asked the board. “It’s never been done.”

At one point, Rummel said she would be looking to seal the transcript of the hearing under Marsy’s Law, which provides rights and protections to victims of crimes.

Garland stated that audio from Friday’s hearing would not be released publicly until Rummel had the opportunity to object in court or contest its release.

Shortly after, Rummel said several relatives of the brothers had decided not to testify because of the release of the audio.

“It’s my impression from the family members that that’s not enough of an assurance,” she said.

The two-member parole board ultimately decided the audio incident would not deter them from making a ruling late Friday evening. They rejected Lyle’s request.

Both brothers will be eligible for parole in three years, but they can petition for an earlier hearing in one year.

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Psilocybin — the ‘magic mushroom’ drug — could see restrictions eased

Regulation of psilocybin — the “magic” substance in psychedelic mushrooms — has been a hot-button issue for Californians in recent years, but repeated attempts by state lawmakers to allow medical use of the substance have floundered.

Now it seems change may come at the federal level.

The U.S. Department of Health and Human Services is weighing a petition sent earlier this month by the Drug Enforcement Administration to review the scientific evidence and consider easing restrictions.

Psilocybin is currently classified as a Schedule I narcotic, the most restrictive category under federal law, reserved for drugs “with a high potential for abuse” and “no currently accepted medical use.” The DEA is considering moving psilocybin into the less restrictive Schedule II tier, which includes drugs that are considered addictive or dangerous — including fentanyl and cocaine — but also have medical value.

Past efforts to allow for therapeutic use of psilocybin have largely stalled in the face of official intransigence and lack of political will, including in California, where state lawmakers’ efforts to decriminalize psilocybin and other psychedelic substances have failed multiple times.

Despite strict prohibition under both state and federal law, psilocybin is widely available and growing in popularity for both recreational and therapeutic purposes.

Illegal cannabis dispensaries across Southern California openly sell actual psilocybin mushrooms, as well as dodgy chocolates and gummies that often purport to contain the substance but instead contain only synthetic versions. In recent decades, a growing body of research has found that psilocybin can be beneficial in treating mental health conditions including depression, anxiety and substance use disorder.

The issue of psychedelic access is high on the agenda of Robert F. Kennedy Jr., Trump’s controversial and conspiracy-minded secretary of Health and Human Services. Kennedy has signaled support in the past for expanding access to some hallucinogens in medical settings for treatment of mental health disorders.

Kennedy’s agency directed all inquiries to the DEA, which said in an email that it is “unable to comment on or confirm scheduling actions.”

The DEA sent the psilocybin petition after a drawn-out legal battle led by Dr. Sunil Aggarwal. For about five years, Aggarwal, co-director of the Advanced Integrative Medical Science Institute in Seattle, has been seeking a means to legally obtain and administer psilocybin to ailing and aging patients for care during the final phases of their lives.

Kathryn L. Tucker, a lawyer for Aggarwal, wrote a letter to the DEA this month that said he “continues to provide care to patients with advanced and terminal cancer who could benefit greatly from psilocybin assisted therapy, enabling them to experience a more peaceful dying process.”

“The science supports movement to schedule II; such placement will enable access under Right to Try laws, which contemplate early access to promising new drugs for those with life-threatening conditions,” Tucker wrote.

Aggarwal filed a lawsuit after his 2020 petition to reschedule psilocybin was denied. A federal panel dismissed the suit, but the move toward rescheduling continues now that the DEA has officially forwarded his petition to the Department of Health and Human Services.

But some researchers and other experts caution against moving too fast to expand access.

Dr. Steven Locke, a former Harvard Medical School psychiatry professor, wrote in an email that the question of whether psilocybin has any medical applications “remains controversial.” A past president of the American Psychosomatic Society, Locke has studied rare conditions such as Hallucinogen Persisting Perception Disorder, which cause symptoms akin to long-lasting “bad trips” in a small percentage of people who use psilocybin mushrooms and other psychedelics.

“There is little evidence from good-quality studies to support claims for the efficacy of the use of psilocybin for the treatment of any medical disorders,” said Locke. “The reclassification should be contingent on a careful review.”

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I Signed the Petition | Israel-Palestine conflict

After signing an online petition, a Palestinian man spirals into self-doubt and anxiety.

I Signed the Petition is a documentary short that captures the filmmaker’s candid phone conversation with a friend, as the pair dissect and question what it means to publicly back the cultural boycott of Israel.

Includes historical archival footage from 1950, taken from Sands of Sorrow, a film produced by the Council for the Relief of Palestine Arab Refugees.

A film by Mahdi Fleifel.

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Denise Richards’ spouse Aaron Phypers files for divorce, seeks alimony

It seems Denise Richards and husband Aaron Phypers are going their separate ways after six years of marriage.

Phypers filed his petition to divorce actor and “The Real Housewives of Beverly Hills” star Richards on Monday, The Times has confirmed. The businessman filed his petition in Los Angeles County Superior Court. He cites “irreconcilable differences” for the split and lists July 4 as the date of his separation from Richards.

A representative for Richards did not immediately respond to The Times’ request for comment.

“Wild Things” actor Richards, 54, tied the knot with Phypers, 49, in 2018. They do not share children, but Richards has two adult daughters with ex-husband Charlie Sheen. She and the “Two and a Half Men” actor were married from 2002 to 2006. Richards is also the mother to a teenage daughter whom she adopted as an infant.

Phypers was previously married to “Desperate Housewives” star Nicollette Sheridan from 2015 to 2018.

Phypers is reportedly seeking spousal support from his now-estranged wife, according to court documents reviewed by The Times. In his declaration, Phypers says he has made no income since closing down a business last year and estimates Richards makes more than $250,000 a month from several business ventures including brand deals, TV and OnlyFans content. Phypers has asked to keep their assets and debts as separate property, including his power tools, motorcycle and sports car, legal documents show.

The couple began their relationship in 2017 and married a little more than a year later in a private ceremony in Malibu. They wed in September 2018, a month after Phypers finalized his divorce from Sheridan.

Though Richards has not publicly commented on Phypers’ decision to file, she made her thoughts on divorce pretty clear earlier this year. In the debut episode of her Peacock series “Denise Richards & Her Wild Things,” Richards said in a confessional interview, “I’m never getting divorced again. Even if we hate each other, I’m not gonna f— get divorced.”

Phypers responded: “No, we’ll just have different homes or something. But we’re not gonna hate each other.”

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Dodgers commit $1 million toward assistance for families of immigrants

On Friday morning, more than 50 community and religious leaders from around Los Angeles signed a petition that called on the Dodgers “to take a public stand against the indiscriminate ICE raids which are causing immense terror in our communities, hurting businesses, and separating families.”

By Friday afternoon, the team finally started to put some public plans into action.

In their first public response to the immigration raids that have swept through Los Angeles over the last two weeks, the Dodgers announced they have committed $1 million toward assistance for families of immigrants affected by the recent events in the city, as well as plans for further initiatives that are to be unveiled in the coming days.

“What’s happening in Los Angeles has reverberated among thousands upon thousands of people, and we have heard the calls for us to take a leading role on behalf of those affected,” team president Stan Kasten said in a statement. “We believe that by committing resources and taking action, we will continue to support and uplift the communities of Greater Los Angeles.”

After days of increasing calls for the team to address the unrest that has swept through the city over the last two weeks, the pressure on the Dodgers had been ratcheted up again with Friday’s petition.

“This is the moment for the Dodgers to stand with the families whom masked agents are tearing apart,” read the letter, which was signed by religious officials, labor leaders and immigrant-rights activists, and addressed to Dodgers owner Mark Walter.

“If these truly are OUR beloved Los Angeles Dodgers, we need you, more than ever, to stand with us, immigrants and non-immigrants alike. Stand with all of us.”

The petition, which was organized by faith-based community organizing network PICO California, came a day after the Dodgers initially postponed their planned financial assistance announcement.

The club decided to delay its announcement after immigration agents showed up at Dodger Stadium on Thursday morning, attempting to access the ballpark’s parking lots in an apparent effort to use them as a processing site for people who had been arrested in a nearby immigration raid.

The Dodgers denied the agents entry to the grounds, according to the team, but pushed their announcement to Friday afternoon — when they detailed that their $1 million in financial resources will be made in partnership with the City of Los Angeles.

“The Dodgers and the City of Los Angeles have a proven ability to get financial resources to those in critical need, most recently seen in their efforts to aid victims of the January wildfires,” the Dodgers said. “Through our support of the city’s efforts, the Dodgers will encourage those organizations in a similar position to use their resources to directly support the families and workers who have suffered economic hardship.”

The team said more initiatives with local community and labor organizations will be announced in the coming days.

“I want to thank the Dodgers for leading with this action to support the immigrant community of Los Angeles,” Mayor Karen Bass said in a team statement.

That news checked off one of the requests laid out in Friday’s earlier petition, which implored the club to:

  • Issue a public statement affirming that families are sacred, and that the ICE raids must stop
  • Stand with and support community organizations that are welcoming, protecting, and integrating immigrants into the fabric of our great region
  • As when you asked ICE to leave the property yesterday, continue to ensure that no Dodgers’ property or assets will be used to aid or abet immigration enforcement operations

A news release announcing the letter also promoted a public petition campaign for fans to sign.

Many of the signatories of Friday’s petition were local church leaders, including the bishops of the Methodist California-Pacific Conference and Episcopal Diocese of Los Angeles.

The petition was also signed by representatives from more than 20 community advocacy groups, including the Coalition for Humane Immigrant Rights and National Day Laborer Organizing Network; as well as labor leaders from local teacher unions and the Service Employees International Union, among others.

“We love the Dodgers not only because they are champions, but even more because they are the team of Jackie Robinson, of Fernando Valenzuela, of Kiké Hernandez — baseball players who have helped bend the moral arc of the universe towards justice,” Joseph Tomás McKellar, executive director of the PICO California organization that organized the petition, said in a statement Friday morning. “This is a moment when the Dodgers, a beloved family and cultural institution for 67 years, can take a moral stand and make an impact on the lives of vulnerable families in our region. Families are sacred.”

After the Dodgers’ announcement, Reverend Zach Hoover from LA Voice, a member federation of PICO California, released another statement.

“The Dodgers have taken a meaningful step toward addressing the fear in our communities. By committing real resources to immigrant families, they’re showing that moral courage and civic leadership still matter in Los Angeles, and that we can heal the wounds of hate with the power of love. We pray this is just the beginning — because dignity demands more than silence, and faith calls us to act.”

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Cher’s son Elijah Allman hospitalized after erratic behavior

Elijah Allman, son of pop icon Cher and songwriter Gregg Allman, landed in the hospital this weekend after law enforcement responded to a report of a man “acting erratically” in a home in the Mojave Desert.

Deputies with the San Bernardino County Sheriff’s Department on Saturday responded to the residence in the unincorporated community of Landers where Allman, 48, “was being evaluated by emergency medical personnel,” officials said in a statement shared with People. Deputies also “located drugs inside the home” and the musicians’ son was transported to a hospital.

The San Bernardino County Sheriff’s Department, which did not immediately respond on Monday to The Times’ request for comment and additional information, said it is investigating the incident. The statement did not reveal whether drug use led to Allman’s hospitalization but TMZ, which broke the news, reported he overdosed earlier Saturday morning. A source told the outlet Allman is “receiving the best care possible” and “lucky to have survived.”

A representative for Cher did not comment to The Times on Monday.

Marieangela King, Allman’s estranged wife, expressed support for her husband and spoke about his “unwavering commitment to sobriety and his loyalty to those he loves” in a statement to People. She acknowledged that her spouse has “faced personal challenges in the past.”

“Like many, he continues to confront his inner struggles — but it is important to recognize that he does so from a place of strength, not defeat,” she added. “Despite the assumptions that often color how his journey is portrayed, the reality is that Elijah remains grounded, focused and deeply committed to living with integrity and purpose.”

Allman has been open about his struggles with sobriety in the past, telling Entertainment Tonight in a 2014 interview that his drug addiction began before he was even a teenager. “I mean it’s just what you did, it’s just what everyone did,” he told Rob Marciano at the time.

“I [was] just looking to escape all the things in my past and that’s when you turn to those kind of drugs, you know heroin and opiates,” he said in 2014. He also recalled “some close calls and some moments of really feeling at the edge of mortality.”

Details of his alleged drug use also surfaced in December 2023 when his mother filed her bid for conservatorship to take over his finances. The Grammy-winning “Believe” singer alleged at the time that her son was “substantially unable to manage his own financial resources due to severe mental health and substance abuse issues.” Cher ended her conservatorship bid less than a year later, dismissing her petition in September 2024.

King filed a petition to divorce Allman in Los Angeles in April, citing “irreconcilable differences.” The couple, who married in December 2013, was previously headed for divorce when Allman filed a petition in 2021. In January 2024, he filed to dismiss that case without prejudice. Amid their ongoing relationship tensions, King underscored in her weekend statement, “I will always root for him.

“My support is steadfast and comes from a place of deep respect for the person he is and the resilience he continues to show,” King said.

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California petitions FDA to undo RFK Jr.’s new limits on abortion pill mifepristone

California and three other states petitioned the U.S. Food and Drug Administration Thursday to ease its new restrictions on the abortion pill mifepristone, citing the drug’s proven safety record and arguing the new limits are unnecessary.

“The medication is a lifeline for millions of women who need access to time-sensitive, critical healthcare — especially low-income women and those who live in rural and underserved areas,” said California Atty. Gen. Rob Bonta, who filed the petition alongside the attorneys general of Massachusetts, New York and New Jersey.

The petition cites Senate testimony by Health and Human Services Secretary Robert F. Kennedy Jr. last month, in which Kennedy said he had ordered FDA administrator Martin Makary to conduct a “complete review” of mifepristone and its labeling requirements.

The drug, which can be received by mail, has been on the U.S. market for 25 years and taken safely by millions of Americans, according to experts. It is the most common method of terminating a pregnancy in the U.S., with its use surging after the Supreme Court overturned Roe vs. Wade in 2022.

The Supreme Court upheld access to the drug for early pregnancies under previous FDA regulations last year, but it has remained a target of anti-abortion conservatives. The Trump administration has given Kennedy broad rein to shake up American medicine under his “Make America Healthy Again” banner, and Kennedy has swiftly rankled medical experts by using dubious science — and even fake citations — to question vaccine regimens and research and other longstanding public health measures.

At the Senate hearing, Kennedy cited “new data” from a flawed report pushed by anti-abortion groups — and not published in any peer-reviewed journal — to question the safety of mifepristone, calling the report “alarming.”

“Clearly, it indicates that, at very least, the label should be changed,” Kennedy said.

Sen. Josh Hawley (R-Mo.) on Monday posted a letter from Makary to X, in which Makary wrote that he was “committed to conducting a review of mifepristone” alongside “the professional career scientists” at the FDA.

Makary said he could not provide additional information given ongoing litigation around the drug.

The states, in their 54-page petition, wrote that “no new scientific data has emerged since the FDA’s last regulatory actions that would alter the conclusion that mifepristone remains exceptionally safe and effective,” and that studies “that have frequently been cited to undermine mifepristone’s extensive safety record have been widely criticized, retracted, or both.”

Democrats have derided Kennedy’s efforts to reclassify mifepristone as politically motivated and baseless.

“This is yet another attack on women’s reproductive freedom and scientifically-reviewed health care,” Gov. Gavin Newsom said the day after Kennedy’s Senate testimony. “California will continue to protect every person’s right to make their own medical decisions and help ensure that Mifepristone is available to those who need it.”

Bonta said Thursday that mifepristone’s placement under the FDA’s Risk Evaluation and Mitigation Strategy program for drugs with known, serious side effects — or REMS — was “medically unjustified,” unduly burdened patient access and placed “undue strain on the nation’s entire health system.”

He said mifepristone “allows people to get reproductive care as early as possible when it is safest, least expensive, and least invasive,” is “so safe that it presents lower risks of serious complications than taking Tylenol,” and that its long safety record “is backed by science and cannot be erased at the whim of the Trump Administration.”

The FDA has previously said that fewer than 0.5% of women who take the drug experience “serious adverse reactions,” and deaths are exceedingly rare.

The REMS program requires prescribers to add their names to national and local abortion provider lists, which can be a deterrent for doctors given safety threats, and pharmacies to comply with complex tracking, shipping and reporting requirements, which can be a deterrent to carrying the drug, Bonta said.

It also requires patients to sign forms in which they attest to wanting to “end [their] pregnancy,” which Bonta said can be a deterrent for women using the drug after a miscarriage — one of its common uses — or for those in states pursuing criminal penalties for women seeking certain abortion care.

Under federal law, REMS requirements must address a specific risk posed by a drug and cannot be “unduly burdensome” on patients, and the new application to mifepristone “fails to meet that standard,” Bonta said.

The states’ petition is not a lawsuit, but a regulatory request for the FDA to reverse course, the states said.

If the FDA will not do so nationwide, the four petitioning states asked that it “exercise its discretion to not enforce the requirements” in their states, which Bonta’s office said already have “robust state laws that ensure safe prescribing, rigorous informed consent, and professional accountability.”

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Judge: Harvard researcher charged with smuggling frog embryos was unlawfully detained by ICE

A federal judge in Vermont on Wednesday released a Russian-born scientist and Harvard University researcher from immigration custody as she deals with a criminal charge of smuggling frog embryos into the United States.

Colleagues and academics testified on Kseniia Petrova’s behalf, saying she is doing valuable research to advance cures for cancer.

“It is excellent science,” Michael West, a scientist and entrepreneur in the biotech industry, testified on Petrova’s research papers. He said he does not know Petrova, but has become acquainted with her published work, citing one in which she explains that “mapping embryonic development [can produce] novel ways of intervening in the biology of regeneration and aging.”

West said that Petrova’s medical research skills are highly sought after and that he himself would hire her “in a heartbeat.”

Petrova, 30, is currently in the custody of the U.S. Marshals Service in Louisiana. She is expected to be brought to Massachusetts as early as Friday in preparation for a bail hearing next week on the smuggling charge, lawyers said in court.

“We are gratified that today’s hearing gave us the opportunity to present clear and convincing evidence that Kseniia Petrova was not carrying anything dangerous or unlawful, and that customs officers at Logan International Airport had no legal authority to revoke her visa or detain her,” Petrova’s lawyer, Gregory Romanovsky, said in a statement. “At today’s hearing, we demonstrated that Kseniia is neither a danger to the community nor a flight risk, and does not belong in immigration detention.”

Petrova had been vacationing in France, where she stopped at a lab specializing in splicing superfine sections of frog embryos and obtained a package of samples to be used for research.

As she passed through a U.S. Customs and Border Protection checkpoint in Boston Logan International Airport in February, Petrova was questioned about the samples. She told the Associated Press in an interview last month that she did not realize the items needed to be declared and was not trying to sneak anything into the country. After an interrogation, Petrova was told her visa was being canceled.

After being detained by immigration officials, she filed a petition in Vermont seeking her release. She was briefly detained in Vermont before she was brought to Louisiana.

Petrova was charged with smuggling earlier this month as U.S. District Judge Christina Reiss in Burlington, Vt., set the hearing date on her petition. Reiss ruled Wednesday that the immigration officers’ actions were unlawful, that Petrova didn’t present a danger, and that the embryos were non-living, non-hazardous and “posed a threat to no one.”

Romanovsky had asked Reiss to issue an order to stop the possibility of ICE re-detaining Petrova if she is also released from detention in Massachusetts.

Reiss said she was reluctant “to enjoin an executive agency from undertaking future actions which are uncertain” and would rely on U.S. Department of Justice attorney Jeffrey Hartman’s comments that the government has no intention at this time to rearrest Petrova.

Romanovsky had said Customs and Border Protection officials had no legal basis for canceling Petrova’s visa and detaining her.

The Department of Homeland Security had said in a statement on the social media platform X that Petrova was detained after “lying to federal officers about carrying substances into the country.” They allege that messages on her phone “revealed she planned to smuggle the materials through customs without declaring them.”

Harvard had said in a statement that the university “continues to monitor the situation.”

McCormack writes for the Associated Press.

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