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  • Judge rules against Seaford’s fetal ordinance

    Judge rules against Seaford’s fetal ordinance

    A fetal tissue ordinance enacted by Seaford City Council late last year has been overturned following a successful legal challenge by Attorney General Kathy Jennings and the Delaware Department of Justice.

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    The ordinance, enacted on December 14 with an original effective date of January 22, would have forced anyone who had a surgical abortion at an “abortion facility” or a miscarriage at a “health care facility” to have the fetal tissue interred or cremated at their own expense, despite the hardship on patients and clear preemption by State law.

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    In a ruling released Wednesday morning, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that the City of Seaford, as a junior sovereign, cannot enact a law that conflicts directly with law established by the State as the senior sovereign.

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    “The U.S. Supreme Court has unleashed a wave of extremist, draconian laws across our country. That wave stops here,” said Attorney General Kathy Jennings. “This ruling firmly rejects a clearly illegal and harmful attempt to nullify State law and to use dark money to return us to the Dark Ages. It protects residents and visitors of Seaford from a cruel and frankly hateful policy. And it makes clear that Delaware remains a safe haven for choice and reproductive freedom exactly when those sanctuaries are needed most. I am grateful to the Court for its wisdom and to our team for their quick response and tireless work on this case.”

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    Jennings filed suit on January 11 after twice warning Seaford City Council that State law preempted the ordinance. Council passed the ordinance despite those warnings, with a promise that an anonymous outside donor would fund the defense against the State’s incoming lawsuit. The Court’s ruling awards costs to the State.

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    “Even after last week’s devastating Dobbs decision, abortion remains a codified right in Delaware,” said Mike Brickner, executive director of the ACLU of Delaware. “Yesterday, our General Assembly fortified that right by expanding access to abortion, and today, the Delaware Chancery Court also reinforced that right, making it clear that municipal attacks on our state-guaranteed right to abortion won’t stand. ACLU-DE applauds Attorney General Kathy Jennings, and her team, for their swift and effective legal action against Seaford’s city council to permanently block the city’s illegal fetal remains ordinance.”

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    “Planned Parenthood of Delaware is pleased with this decision,” said Ruth Lytle-Barnaby, president and CEO of Planned Parenthood of Delaware. “As we expected, Vice Chancellor Laster recognized state law forbids local regulations of the type the city attempted to pass. We are hopeful that we can now focus on providing care to the Seaford area rather than defending ourselves against unnecessary, harmful, and legally questionable ordinances. Our sincere thanks go to the Department of Justice for their hard work on this case and their commitment to defending reproductive rights. PPDE will continue to offer top-notch care to all and to fight for your ability to receive sexual and reproductive health services.”

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    “This decision is a victory for women and for the rule of law in Delaware,” said Melissa Froemming, president of Delaware NOW. “We thank the Delaware Department of Justice for standing up for women in our state, and for fighting to ensure that women’s right to privacy and right to make decisions regarding their bodies remain protected. Our legislators have codified Roe — abortion is legal in Delaware — but legislators change. The Seaford ordinance and Friday’s Dobbs decision by the Supreme Court have reinforced the importance of protecting and expanding the right to abortion as health care in Delaware using every tool possible. We are grateful to have a champion in Attorney General Jennings.”

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    Since the DOJ’s arguments were premised on State law, the State’s case, and the Court of Chancery’s ruling, are unaffected by the U.S. Supreme Court’s recent ruling in Dobbs v. Jackson Women’s Health Organization.

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    The lawsuit against Seaford was led by Director of Impact Litigation Christian Douglas Wright with support from the attorneys and staff of the Fraud and Consumer Protection Division and Civil Division: Deputy Attorney General Vanessa L. Kassab, Assistant Attorney General Deepinder K. Goraya, and Paralegals Zuri Ramsey and Michele Porter.

  • Sussex County man sentenced to two years in prison in hate crime conviction

    Sussex County man sentenced to two years in prison in hate crime conviction

    James Raab, 38, of Laurel, DE

    A Sussex County man has been sentenced to two years in prison for a hate crime involving a neighbor.

    James Raab, of Laurel, was sentenced on April 22 after pleading guilty to felony Hate Crime, Possession of a Deadly Weapon During the Commission of a Felony, Aggravated Menacing, and Resisting Arrest.

    Raab, 38, was arrested following investigation into an incident in which he threatened a neighbor with a knife while yelling racial slurs, according to the Delaware Attorney General’s Office.

    “These crimes have the potential to shake entire communities and rob them of their sense of peace and security,” said Attorney General Kathy Jennings. “We cannot allow racial, religious, or other hate-motivated crime to fester. I am grateful to the prosecutors in the Division of Civil Rights & Public Trust and Delaware State Police for working to ensure that hate has no safe quarter in this state.”

    Raab has remained incarcerated since his arrest on May, 25, 2021. This sentence was secured by Deputy Attorney General David Skoranski with the assistance of DOJ Paralegal Trisha McGinnis following an investigation led by the Delaware State Police, Troop 5.

  • BREAKING | Chuck Welch withdraws from AG race amid health concerns

    BREAKING | Chuck Welch withdraws from AG race amid health concerns

    Republican candidate Chuck Welch has officially withdrawn from the Attorney General race amid health concerns.

    In an interview Tuesday morning with TV Delmarva’s Rob Petree, Welch confirmed speculation and rumors that he was dropping out of the race due to health concerns related to his diabetes.

    “We thought we could keep it under control,” Welch said referring to approval he got from his doctor prior to entering the race. “During the race, the lifestyle you’re leading, you’re up and down the state, your schedule’s off, you got odd hours, and things like that, my sugar kept climbing, and finally last week my doctor said ‘look, it’s time to face it, we’ve tried different medications, it’s not working, and it’s getting to the point where your numbers are high enough and it’s been long enough that it’s really going to start affecting your health.”

    Welch said he sat down with his family and made the tough decision to withdraw from the race.

    “After we talked it over, we just thought that staying healthy is more important than winning a campaign,” Welch said. “The most disappointing thing for me is the individuals I talked to who are disappointed about the fact that I’m no longer in the race. It’s a case that, it’s just a personal decision we had to make, and I’m sorry for their disappointment, but everybody has been very understanding and I appreciate that.”

    When asked if he would throw his support behind his opponent, Julianne Murray, who following this news is now running unopposed for the Republican nomination, Welch was reluctant to give his endorsement.

    “I can tell you that she [Murray] and I agree a lot on a lot of the issues, I just thought I was better prepared to go forward and run the office,” Welch said. “I’m not ready to endorse anybody at this time, I’m going to take some time off and think about the big picture. I’ll probably help with some local campaigns, and maybe later on I will but I’m not endorsing anybody at the current moment.”

    Welch was born and raised in Delaware. He is a graduate of William Penn High School, the University of Delaware, and the Villanova University School of Law. He has been a member of the Bar of the Delaware Supreme Court for over 35 years. He started his legal career as a Deputy Attorney General, followed by a period of time in private practice where he engaged in a diverse general practice, including work as a criminal defense counsel and as an attorney for the Delaware House of Representatives.

    As of this time, Julianne Murray is running unopposed against incumbent Democratic Attorney General Kathy Jennings.

  • Attorney General Candidate Chuck Welch Releases Plan to Combat Violent Crime in Delaware

    Attorney General Candidate Chuck Welch Releases Plan to Combat Violent Crime in Delaware

    Republican Attorney General Candidate Chuck Welch has released a detailed plan to combat violent crime in Delaware.

    The multi-faceted plan, released Monday, would bring law enforcement, prosecutors, and community leaders together to seriously begin making crime illegal again in Delaware.

    Welch-PlanDownload

    In the attached initiative, Welch, a former Kent County Judge and State Representative, promises within 30 days of being elected that he will form an Attorney General’s Urban Violence Task Force, with the goal to reduce both long term and short term urban violence. The task force will consist of three components: 1.) Investigation, 2.) Prosecution, and 3.) Community Based Research.

    The Task Force will be led by Welch’s Chief Deputy Attorney General and will be supported by the State Prosecutor and the State Solicitor. It will be funded through the reallocation of current Department of Justice monies, federal grants, and the implementation of previously funded studies dealing with urban violence.

    “My goal is to assemble the best legal and law enforcement professionals available, together with community leaders, to address the ever increasing rates of violent crime in Delaware,” Welch said. “We need to turn these rates around. Only then can the people of Delaware feel safe.”

    Welch’s initiative references a 2015 report released by the Centers for Disease Control (CDC) entitled
    “Elevated Rates of Urban Firearm Violence and Opportunities for Prevention-Wilmington, Delaware.”

    The study found that Wilmington, Delaware had one of the highest homicide rates of any major city in the United States, some years as high as fourth overall.

    As of December 12, 2021, 148 people had been shot for the year in Wilmington alone, and shooting homicides were at an all time high. In the initiative, Welch vows that reducing violent crime in our urban areas and throughout Delaware will be “Job Number One” in his administration.

    “We can and certainly must do a better job of addressing the violence plaguing Wilmington, Newark, Dover, Seaford and all other parts of the First State,” Welch stated in the report. “I intend to do my part and intend for the Department of Justice to do its part in the effort to reduce the rate of violent crime in our state. We must do a better job protecting Delawareans than we are doing under our current Attorney General.”

    Chuck Welch is running against opponent Julianne Murray for the Republican nomination of Attorney General for the State of Delaware.

  • Dover Police officer pleads guilty to DUI, drug use while on patrol

    Dover Police officer pleads guilty to DUI, drug use while on patrol

    Delaware Attorney General Kathy Jennings announced Tuesday that the Division of Civil Rights & Public Trust (DCRPT) has reached a pre-indictment plea agreement with a former Dover police officer who experienced an opioid overdose in his patrol vehicle and later tested positive for fentanyl and marijuana.

    “This should remind us that the addiction epidemic affects everyone,” said Attorney General Jennings. “The defendant’s conduct was obviously illegal, totally incompatible with the standards we should hold law enforcement to, and could easily have turned deadly for him or someone else – he is frankly fortunate that his fellow officers found him in time to save his life. At the same time, justice in these situations requires both accountability and compassion. The defendant’s struggle with substance abuse is a familiar story for thousands of Delawareans, and just like anyone else he has our empathy in his journey to recovery. This sentence allows him to get the help he needs while permanently separating him from a position of public trust because he can no longer be trusted.”

    “When viewed through a human lens, the Dover Police Department has empathy for anyone battling the challenges associated with drug abuse and connections to treatment services were offered to our employee,” said Dover Police Chief Thomas Johnson Jr. “However; when viewed through a professional lens, this kind of behavior can never be tolerated. Not for a minute. A trust was violated. In addition to the risks to his own life, he took chances with the safety of his co-workers and members of the public that were not his to take. Through appropriate investigation, this unprofessional conduct was determined to be criminal in nature.

    “Once the facts were established, it became clear that Mr. Vieira could no longer be a Police Officer. The responsibilities of the job are just too serious and the public deserves the best resources that we can provide. We have already begun to examine the factors that lead up to the overdose emergency and will evaluate them against our existing code of conduct policies and early detection mechanisms. Appropriate changes to policy and/or practice will be made at the earliest possible time.”

    On November 26, 2021, officers from the Dover Police Department located Pfc. Steven Vieira, 30, near Schutte Park after dispatch repeatedly and unsuccessfully tried to reach him. Responding officers found Vieira unconscious in his patrol vehicle and showing signs of overdose.

    After administering first aid and two doses of Narcan, officers escorted Vieira to Bayhealth Hospital. Upon initial belief that Vieira had experienced an accidental fentanyl exposure during his duties, Dover PD conducted a search of his vehicle and uncovered an eyeglass case containing what was determined to be oxycodone hydrochloride, a prescription opioid, and various drug paraphernalia. A subsequent blood test revealed fentanyl and cannabinoid in Vieira’s system.

    Vieira pleaded guilty to Driving Under the Influence of Drugs and Official Misconduct, both Class A Misdemeanors, and was sentenced to a 12-month prison sentence suspended to 12 months Level II probation, with his probation dischargeable following drug counseling.

    As part of his plea, Vieira has resigned from the Dover Police Department and surrendered all Council on Police Training (COPT) certifications, rendering him permanently ineligible for employment as a police officer. Dover PD placed Vieira on administrative leave pending its own internal investigation, notified the Department of Justice, and cooperated fully with DCRPT’s investigation. Deputy Attorneys General Mark Denney represented the State in this matter, following a DCRPT investigation led by DOJ Investigator Tim Argoe.