(GROVELAND, Fla.) — More than 70 years after four Black men were accused of raping a white woman in 1949, Florida State Attorney Bill Gladson has filed a motion to posthumously clear the “Groveland Four” of their criminal records.
“Even a casual review of the record reveals that these four men were deprived of the fundamental due process rights that are afforded to all Americans,” Gladson wrote in his motion filed Monday. “The evidence strongly suggests that a sheriff, a judge, and prosecutor all but guaranteed guilty verdicts in this case.”
Ernest Thomas, Charles Greenlee, Samuel Shepherd and Walter Irvin, all young Black men, were accused of raping a 17-year-old white woman in the central Florida town of Groveland. Following the accusation, an angry mob shot and killed Thomas before he could be arrested. Records show that the indictment against him was never dismissed by the court, according to Gladson’s motion.
Greenlee, Shepherd and Irvin were all put to trial and convicted.
Greenlee, who was 16 years old at the time, received a recommendation of mercy from the jury and received a life sentence. He did not appeal the verdict.
Irvin and Shepherd were sentenced to death and successfully made an appeal. In 1951, the U.S. Supreme Court vacated their convictions and ordered a new trial for each. Following the new indictment, Florida Sheriff Willis McCall shot and killed Shepherd and attacked and injured Irvin. Shepherd’s indictment, like Thomas’, was never dismissed. Irvin was retried, convicted and again sentenced to death, but later had his sentence commuted to life in prison.
Gladson filed the motion to dismiss the indictments of Thomas and Shepherd, and set aside and vacate the judgments and sentences of Greenlee and Irvin.
Several pieces of troubling information highlighted the problematic nature of their charges and convictions. Gladson argues that the state never had Irvin’s pants tested for the presence of semen, even though they could have, and instead left the jury with the impression that Irvin’s pants contained evidence of the rape.
The qualification of the prosecution’s star witnesses, who made shoe and tire casts from the scene, has also been called into question. One of the defense’s expert witnesses stated in the second trial that one of the casts was manufactured to falsely link Irvin to the scene.
Gladson also noted an email from the grandson of the state attorney who prosecuted the Groveland Four case that says state attorney Jesse Hunter and trial judge Truman Futch knew at the time of the second trial that there was no rape.
Now, if the court grants the Gladson’s motion, the legal presumption of innocence for these four men would be restored.
“While we are thankful the Florida Legislature apologized and the Board of Executive Clemency granted pardons, full justice depends on action from the judicial branch,” Carol Greenlee said in a statement. “I hope this motion will result in that full justice for my father Charles Greenlee, Walter Irvin, Samuel Shepherd, and Ernest Thomas.”
Florida Gov. Ron DeSantis granted posthumous pardons to the men in 2019.
This isn’t the first time Black men may have been falsely or unfairly convicted for similar incidents.
In 1972, Federal District Judge Charles R. Scott vacated the convictions of Robert Shuler and Jerry Chatman, two Black men who were convicted of raping a white woman in Florida. The retrial was ordered when the woman hinted the assault may never have been committed.
In the 1980s, the Exonerated Five, previously known as the Central Park Five, were a group of Black and Hispanic teenagers who were convicted and later exonerated in connection with the rape and brutal assault on a white female jogger in New York.
(ATLANTA) — A statue of a Confederate soldier holding a rifle in a park less than a mile from the Georgia courthouse where three white men are on trial for killing Ahmaud Arbery, a 25-year-old Black man, has been hidden in plain sight, wrapped in sheets of plastic apparently to protect it from vandalism.
The monument that has stood for 119 years in the center of Hanover Square in Brunswick, Georgia, has become a lightning rod for discourse in the Glynn County community since Arbery was allegedly chased down and fatally shot in 2020 while, according to prosecutors, he was out for a Sunday jog.
Brunswick City Manager Regina McDuffie said the marble statue was wrapped in plastic by a local resident.
“A private citizen wanted to try to ensure the statue was not damaged since we just started the trial in the Arbery case,” McDuffie told ABC Jacksonville, Florida, affiliate WJXX. “It is not the city’s plan. We don’t have anything to do with it as far as how long it will stay [wrapped].”
The Brunswick City Commission voted in November 2020 to remove that statue, but no timeline was set. A Georgia Court of Appeals ruling in August that denied a motion to block the removal of Confederate monuments paved the way for the city to uproot the statue.
The statue was vandalized last year, spray-painted with the letters BLM (Black Lives Matter) on its pedestal.
The murder trial of the three men who prosecutors allege chased down and shot Arbery to death on Feb. 23, 2020, in the Satilla Shores neighborhood near Brunswick began last week with jury selection.
The accused are Gregory McMichael, 65, a retired police officer, his son, Travis McMichael, 35, and their neighbor, William “Roddie” Bryan, 52.
The three men have pleaded not guilty to charges of murder, aggravated assault and criminal attempt to commit false imprisonment.
The jury selection phase of the trial went into its sixth day on Tuesday. No jurors have been selected yet for the high-profile trial, which is expected to last a month.
About 1,000 Glynn County residents received jury-duty summonses in the case. Attorneys are attempting to whittle that number down to a pool of 64 qualified prospective jurors, of which 16, including four alternates, will be seated to hear the case. As of Tuesday afternoon, 32 would-be jurors have been chosen for the qualified pool.
Bryan’s attorney Kevin Gough claimed in court on Tuesday that protests occurring outside the courthouse are having undue influence on potential jurors. Gough asked Chatham County Superior Court Judge Timothy R. Walmsley, who was appointed to preside over the Glynn County trial, to “ban all protest or First Amendment activity from this area until the conclusion of this trial.”
(NEW YORK) — A weekend storm that brought extreme atmospheric river and historic rain to Northern California has raised water levels in several water bodies, namely Lake Tahoe, Lake Oroville and Yosemite Falls.
Yosemite Falls, which was announced to be “dry” last week by the Yosemite National Park, is back in action with flowing water after receiving at least 5 inches of rainfall from the weekend storm. Webcam footage from the park shows that the falls have water flowing through them again.
Following suit, water levels at Lakes Tahoe and Oroville in California have also risen as a result of the historic rainfall. The water level at Lake Tahoe rose above its natural rim at 6,223 feet after having fallen to approximately 6,222.88 feet.
Water levels at Lake Oroville currently stand at 656.01 feet above mean sea level after this weekend’s storm. Over the summer the lake reached a historic low amid exceptional drought causing the state’s Department of Water Resources to take a hydroelectric plant offline.
While the storm brought heavy downpour to the West coast, it didn’t alleviate the region from its climate concern of droughts and wildfires.
Several counties in California, Oregon, Washington and Nevada faced flooding, power outages and property damage. The storm also caused the deaths of two people in Fall City, Washington.
The storm is now headed to the mainland and East Coast, where states have already declared a state of emergency over flash flood warnings. Severe weather is expected in the states of Kansas, Oklahoma, Texas, New Jersey and New York.
(NEW YORK) — 4From North Carolina to Maine, 45 million Americans are under alert for flooding rain and gusty winds as a nor’easter pummels the East Coast.
In New York and New Jersey, where governors declared states of emergency, roadways were drenched early Tuesday with up to 4 inches of rain.
Flash flooding was reported Tuesday morning in the Metuchen, New Jersey, area, prompting a flash flood warning. Water rescues were reported in New Jersey from Union Beach to Middletown.
The bulk of the heaviest rain and flooding then shifted to Long Island and Connecticut. The heaviest rain Tuesday afternoon will be across New England.
The nor’easter will strengthen off the coast by Tuesday evening, bringing another round of heavy rain from northern New Jersey to New York City to southeast New England.
The strongest winds are expected overnight from the Jersey Shore to Long Island to Cape Cod. Gusts could reach 60 to 70 mph.
The rain will end across most of the Northeast Tuesday night, with lingering showers expected in New England Wednesday morning. The storm will move out to sea Wednesday afternoon.
(HOUSTON) — The remains of a 9-year-old boy have been discovered in a Houston home along with his three abandoned siblings, authorities said.
One of the children, a 15-year-old, called the authorities and said his 9-year-old brother had been dead for one year and his body was in the room next to his, Harris County Sheriff Ed Gonzalez said Monday.
The Harris County Medical Examiner’s office said the boy’s manner of death was a homicide, according to ABC Houston station KTRK-TV.
The 15-year-old and the other two children — boys under the age of 10 — were found home alone on Sunday, the sheriff said.
Both younger kids “appeared malnourished and showed signs of physical injury,” he tweeted.
Deputies also “found skeletal remains of a small child,” the sheriff said.
All three children were taken to the hospital, he said. Their conditions were not released.
Authorities believe the parents hadn’t lived in the home for several months, Gonzalez said.
The children’s mother and her boyfriend were found late Sunday night and have been interviewed and released, Gonzalez said Monday.
The investigation is ongoing, the sheriff said, adding that no charges have been filed.
At a news conference Sunday Gonzalez called it a “horrific situation.”
“I have been in this business for a long time and I had never heard of a scenario like this,” he said.
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 4.9 million people have died from the disease worldwide, including over 737,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
Just 67.2% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the U.S. Centers for Disease Control and Prevention.
Latest headlines:
-Biden administration to ship vaccines for children as soon as FDA approves them
-FDA panel hours away from vote on Pfizer vaccine for kids
-US sees 7th straight week of drop in daily pediatric cases
Here’s how the news is developing. All times Eastern.
Oct 26, 2:37 pm
Biden administration to ship vaccines for children as soon as FDA approves them
The Biden administration will begin shipping vaccine doses for kids ages 5 to 11 as soon as the Food and Drug Administration gives the green light in coming days, White House officials told governors on a private phone call Tuesday.
Doing so will allow children to begin receiving shots as soon as the Centers for Disease Control and Prevention signs off, which is expected around Nov. 4.
Jeff Zients, the White House coordinator on the federal response to COVID-19, said one big concern is the shorter shelf life for pediatric doses. In trying to make the vaccine easier for pediatricians to handle, the doses for kids 5 to 11 can be kept for only 10 weeks, compared with six to nine months for adult doses.
“We don’t want to have wastage, so we encourage you to build flexibility into your distribution systems you can move around within your state or territory,” he told the governors. Audio of the call was obtained by ABC News. “Just order what you need. We have plenty of supply. We can always get you doses on short notice.”
ABC News’ Anne Flaherty
Oct 26, 12:00 pm
Kids 5 to 11 account for 8,300 hospitalizations
Officials with the Food and Drug Administration and Centers for Disease Control and Prevention opened Tuesday’s FDA panel meeting by explaining how children 5 to 11 years old are impacted by the pandemic. They have accounted for over 1.9 million infections and over 8,300 hospitalizations, about a third of which have required ICU stays, officials said.
Nearly 100 children in that age group have died from COVID-19, making the virus one of the top 10 causes of death in this age range at this time, officials said.
The independent FDA advisory panel on Tuesday is debating whether to authorize the Pfizer vaccine for children ages 5 to 11. The panel’s nonbinding vote is expected Tuesday evening.
After the panel votes on whether or not to recommend Pfizer, the FDA will make a decision. Then, the matter heads to the CDC’s independent advisory panel to deliberate and vote, which is scheduled for Nov. 2 and Nov. 3. Once the CDC panel votes, the CDC director is expected to make the final signoff.
ABC News’ Sasha Pezenik
Oct 26, 10:18 am
Unvaccinated Americans continue to drive infection, death rates: Federal data
The five states with the highest death rates over the last week — Wyoming, Montana, Alaska, West Virginia and Idaho — are also among the states with the lowest full vaccination rates, according to federal data.
People who have not been fully vaccinated are 6.1 times more likely to test positive for COVID-19 and 11.3 times more likely to die from the virus, according to federal data.
Approximately 63.2 million eligible Americans have yet to get the shot, according to federal data.
But hospitalization rates are continuing to steadily trend down, with just over 51,000 Americans now hospitalized with the virus, compared to 104,000 people hospitalized in late August, according to federal data.
ABC News’ Arielle Mitropoulos
Oct 26, 9:11 am
FDA panel hours away from vote on Pfizer vaccine for kids
An independent FDA advisory panel on Tuesday will debate and vote on whether to authorize the Pfizer vaccine for children ages 5 to 11. The nonbinding vote is expected between 4:30 p.m. and 5 p.m. ET.
Pfizer data submitted to the FDA has shown that this vaccine, which would be administered to children at one-third of the adult dosage, is nearly 91% effective against symptomatic COVID-19. There were no reported adverse side effects in the clinical trial group.
After the panel votes on whether or not to recommend this vaccine for children 5 to 11, the FDA will make a decision.
Then, the matter heads to the CDC’s independent advisory panel to deliberate and vote, which is scheduled for Nov. 2 and Nov. 3. Once the CDC panel votes, CDC Director Rochelle Walensky is expected to make the final sign-off.
The earliest shots could be in arms is the first week of November.
(CHICAGO) — Jelani Day’s death is said to have been caused by drowning, according to the LaSalle County Coroner’s Office. The 25-year-old college student went missing in August, while studying to be a doctor at Illinois State University.
Day was last seen on Aug. 24 at the university’s campus in Bloomington, Illinois. His parents reported him missing on Aug. 25 and his car was found two days later in Peru, Illinois.
Day was found dead, floating in the Illinois River on Sept. 4. His body was not identified until weeks later by the LaSalle County Coroner, on Sept. 23.
“Unfortunately, there is no specific positive test at autopsy for drowning,” coroner Richard Ploch’s statement read Tuesday. “Drowning is considered a diagnosis of exclusion with supporting investigation circumstances when a person is found deceased in a body of water.”
The coroner did not find any evidence of intoxication or injury in the forensic autopsy — no signs of an assault, altercation, strangulation or more — and it remains unknown how Day ended up in the Illinois River.
Day’s family still suspects foul play in the young man’s death, and said that his personal belongings were found scattered away from where his body was found.
“Jelani did not just disappear into thin air. Somebody knows something, somebody seen something and I need somebody to say something,” Day’s mother, Carmen Bolden Day, told “Good Morning America” on Sept. 29.
The case is still being investigated by local police jurisdictions in the area, along with the FBI.
(BOISE, Idaho) — Two people were killed and four others, including a Boise police officer, were injured in a shooting at a mall in Boise, Idaho, police said.
One person is in custody, Boise police said. Boise Police Chief Ryan Lee told reporters that police were working to notify the victims’ families.
“I cannot stress enough how traumatic enough this event was for the community at large,” he said at a news conference.
Police responded to reports of shots fired at the Boise Towne Square Mall on N. Milwaukee Street around 1:50 p.m. local time, authorities said.
When officers arrived at the scene they found someone matching the description of the suspect and there was an “exchange of gunfire” that took place, Lee said. One officer was injured and the suspect was taken into custody, according to Lee.
Both the FBI and ATF are assisting in the investigation. Authorities closed the roads leading to the mall following the shooting.
Officers were working to clear each business in the mall, police said, adding that there’s no indication there are additional threats or additional shooters.
The investigation is ongoing and Lee said the police would release more information about the incident as it becomes available.
Boise Mayor Lauren McClean offered her condolences to the victims and her thanks to those in the mall who came to the aid of people inside the shopping complex.
“I want to thank the shopkeepers, the people in the mall that reacted so quickly to take care of folks who were there,” she said. “You showed in a tough and chaotic moment how much you care, and what you are willing to do to support and care for strangers.”
This is a developing story. Please check back for updates.
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 4.9 million people have died from the disease worldwide, including over 736,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
Just 67.2% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the U.S. Centers for Disease Control and Prevention.
Here’s how the news is developing. All times Eastern:
Oct 26, 9:11 am
FDA panel hours away from vote on Pfizer vaccine for kids
An independent FDA advisory panel on Tuesday will debate and vote on whether to authorize the Pfizer vaccine for children ages 5 to 11. The nonbinding vote is expected between 4:30 p.m. and 5 p.m. ET.
Pfizer data submitted to the FDA has shown that this vaccine, which would be administered to children at one-third of the adult dosage, is nearly 91% effective against symptomatic COVID-19. There were no reported adverse side effects in the clinical trial group.
After the panel votes on whether or not to recommend this vaccine for children 5 to 11, the FDA will make a decision.
Then, the matter heads to the CDC’s independent advisory panel to deliberate and vote, which is scheduled for Nov. 2 and Nov. 3. Once the CDC panel votes, CDC Director Rochelle Walensky is expected to make the final sign-off.
The earliest shots could be in arms is the first week of November.
Oct 26, 8:14 am
US sees 7th straight week of drop in daily pediatric cases
The past week marked the seventh consecutive week that the United States has seen a drop in pediatric COVID-19 infections since the pandemic peak of nearly 252,000 cases in early September.
Last week, the U.S. reported approximately 118,000 new COVID-19 cases among children, compared to 131,000 cases the previous week, according to a weekly joint report from the American Academy of Pediatrics (AAP) and the Children’s Hospital Association (CHA).
But even with the decline, children still accounted for about a quarter of reported weekly COVID-19 cases. People under the age 18 make up roughly 22% of the U.S. population. Regionally, the Midwest continues to see the highest number of pediatric COVID-19 cases as the area experiences the beginnings of a viral resurgence.
The AAP and CHA wrote in the report that the case rate remains an “extremely high number” of newly diagnosed children, with over 1 million cases added over the past six weeks.
Since the onset of the pandemic, nearly 6.3 million children across the nation have tested positive for COVID-19.
In a similar trend, the rate of pediatric hospital admissions per 100,000 people also continues to decline, alongside other age groups. In the last month, the pediatric hospital admission rate fell by more 43.5%.
Currently, severe illness due to COVID-19 remains “uncommon” among children, the two organizations wrote in the report. According to the nearly two dozen states that reported COVID-19 hospitalizations among children, 0.1% to 2% of all pediatric COVID-19 infections resulted in hospitalization. Similarly, in states that reported virus-related deaths by age, 0% to 0.3% of all child COVID-19 cases resulted in death.
However, AAP and CHA warned in the report that there’s an urgent need to collect more data on the long-term consequences of the pandemic on children, “including ways the virus may harm the long-term physical health of infected children, as well as its emotional and mental health effects.”
Less than 45% of adolescents ages 12 to 17 have been fully vaccinated against COVID-19, according to federal data, and more than 48 million children under 12 remain unvaccinated. But that could soon change, should the Food and Drug Administration and the Centers for Disease Control and Prevention green light COVID-19 vaccinations for kids ages 5 to 11 in the coming weeks.
Oct 26, 5:30 am
Moderna to supply Africa with up to 110 million doses at ‘lowest tiered price’
Moderna announced Tuesday that it will make up to 110 doses of its COVID-19 vaccine available to African nations at the company’s “lowest tiered price.”
The Massachusetts-based biotechnology firm said it is prepared to deliver the first 15 million doses by the end of this year, with 35 million doses in the first quarter of 2022 and up to 60 million doses in the second quarter.
“All doses are offered at Moderna’s lowest tiered price,” the company said in a press release Tuesday.
Africa, the world’s second-largest and second-most populous continent, remains the least-vaccinated region of the world against COVID-19, with just over 5% of its 1.3 billion people fully inoculated.
Moderna CEO Stephane Bancel said the new agreement with the African Union, a continental bloc consisting of the 55 member states that make up the countries of Africa, was facilitated in part by the White House. The deal is separate from the company’s agreement with the global vaccine-sharing initiative COVAX to supply up to 500 million doses from late this year through 2022, according to the press release.
“This is the first step in our long-term partnership with the African Union,” Bancel said in a statement Tuesday. “We believe our vaccine can play an important role in addressing the needs of low-income countries given its combination of high Phase 3 efficacy against COVID-19, strong durability in the real-world evidence, and superior storage and handling conditions. We recognize that access to COVID-19 vaccines continues to be a challenge in many parts of the world and we remain committed to helping to protect as many people as possible around the globe.”
Moderna is also working on plans to allow it to fill doses of its COVID-19 vaccine in Africa as early as 2023, in parallel to building an mRNA vaccine manufacturing facility on the continent with the goal of producing up to 500 million doses each year, according to the press release.
Oct 25, 8:48 pm
South Florida schools may amend mask mandates as cases decline
Two South Florida school districts may be changing their polices on mask mandates in schools as COVID-19 cases decline.
A Broward County Public Schools spokesperson told ABC affiliate WPLG that an item could be added at a school board meeting Tuesday “regarding district’s COVID-19 protocols including the use of face coverings.”
The district had said it would revisit the mask mandate when the COVID-19 positivity rate reached 3% or lower for 10 consecutive days. Broward County has reached that threshold, the county’s health department data shows.
Miami-Dade County Schools Superintendent Alberto Carvalho also indicated there may be a change to its mask mandate policy.
The school board is looking at several metrics including hospital admissions, community transmission and daily student cases. Carvalho said Friday would be a benchmark day.
Carvalho said last week that a new plan could entail “a mandatory mask policy but with an unrestricted, unrestricted, parent opt-out provision.”
Oct 25, 2:20 pm
European Medicines Agency approves Moderna boosters for adults
The European Medicines Agency on Monday approved the Moderna booster (which is a half dose of the initial booster) for people 18 and older.
The booster “given 6 to 8 months after the second dose led to a rise in antibody levels in adults whose antibody levels were waning,” the EMA said.
Oct 25, 2:03 pm
US releases details of vaccine, testing requirements for international travelers
The federal government on Monday released more details about how foreign tourists and other non-citizen, non-immigrant people flying to the U.S. can comply with recently-announced rules requiring them to be fully vaccinated.
These rules go into effect on Nov. 8.
People will be able to submit proof of vaccination to airlines electronically or via paper, an official said.
All vaccinated people — Americans and non-Americans — need to show proof of a negative test taken within three days before departure.
For unvaccinated people — both Americans and non-Americans — you need to show proof of a negative test within one day before. Children ages 2 to 17 must take a test but those under 2 don’t need to test.
Vaccine exemptions include: children under 18; some medical exemptions; and people traveling on non-tourist visas from countries with low availability of vaccines (signified by a country having a vaccination rate less than 10%). The U.S. will follow a list maintained by the WHO and these people will need have a “specific, compelling reason” for coming to the U.S., a senior administration official said.
The exemptions will represent a “very, very small number” of travelers to the U.S., a senior administration official said.
Oct 25, 10:23 am
Cases dropping across US but rising in some Midwest, Northeast states
In the last month, the daily case average in the U.S. has dropped by nearly 43% thanks to falling metrics in states like Florida, Mississippi and Louisiana, which have all seen their case averages drop by nearly 90% or more since August, according to federal data.
But in recent weeks, cases have been creeping up in several states in the Northeast and the upper Midwest, including Minnesota and Michigan.
Alaska currently has the country’s highest infection rate, followed by Montana, Wyoming, Idaho and North Dakota, according to federal data.
About 52,000 COVID-19 patients are currently hospitalized across the U.S., a major drop from the 104,000 hospitalized patients in late August.
But the U.S. death toll remains persistently high, with nearly 1,300 new deaths being reported each day, according to federal data.
(NEW YORK) — A nor’easter is pummeling New Jersey and the New York City area, drenching roadways with up to 4 inches of rain.
Flash flooding was reported early Tuesday in the Metuchen, New Jersey, area, prompting a flash flood warning. Water rescues were reported in New Jersey from Union Beach to Middletown.
The bulk of the heaviest rain and flooding will shift Tuesday morning to New York City, Long Island and Connecticut.
The governors of New York and New Jersey declared states of emergency.
Flood and wind alerts have been issued from North Carolina to Maine.
The nor’easter is expected to sit off the coast all day Tuesday and strengthen, blowing gusty winds to the coastline, including in major cities like New York City and Boston.
Damaging winds gusting to 40 to 60 mph are possible Tuesday night in the Northeast.
