Judge faces criticism following report that Black children were illegally jailed in Tennessee county

Judge faces criticism following report that Black children were illegally jailed in Tennessee county
Judge faces criticism following report that Black children were illegally jailed in Tennessee county
Marilyn Nieves/iStock

(NASHVILLE, Tenn.) — There is renewed criticism of a juvenile court judge in Rutherford County, Tennessee, following a joint ProPublica and Nashville Public Radio report that alleges Judge Donna Scott Davenport oversaw a juvenile justice system where Black children were disproportionally and illegally hit with criminal charges.

The investigation centers around a 2016 incident where 11 Black children, some as young as 8 and 9 years old, were allegedly arrested for not stopping a fight captured on video. Ten of the children were charged with “criminal responsibility for conduct of another.”

Frank Ross Brazil, an attorney who represented several of the children, told ABC News that criminal responsibility is a prosecutorial theory and not a charge under Tennessee law.

“If you and I are in a car, and there’s something illegal in the car and I’m arrested for possessing it, you could be also found guilty of possessing that substance by the theory of criminal responsibility for another,” he said. “So, that being applied as a charge in and of itself is unlawful.”

The ProPublica report detailed systems set up by Davenport, which allegedly lead to the improper arrest and detention of children.

Davenport has not responded to ABC News’ request for comment and declined an interview with ProPublica.

In 2003, Davenport allegedly set up a “process” where police in Rutherford County took children into custody, transported them to the detention center for screening and then filed charging papers. In the 2016 incident, the children were arrested, taken for processing and then released after they had been charged, the lawsuit alleges.

A class-action lawsuit filed, and later settled, against Rutherford County alleges this process was a violation of Tennessee law. For many juvenile misdemeanor offenses, state law requires that police officers release children with a citation or a summons rather than taking them into custody, according to the lawsuit.

The Rutherford County Juvenile Detention Center also reportedly used a “filter system,” where staff could decide to hold a child before they had a hearing using undefined criteria instead of the precise categories outlined in Tennessee law, Brazil said. Davenport has “ultimate administrative authority” over the detention center, according to the lawsuit.

According to ProPublica, records from the Tennessee Administrative Office of the Courts showed that in 2014, the last year where this type of data is available, children were detained on average in 5% of juvenile cases statewide. In Rutherford County, children were detained in 48% of cases, the report said.

The class-action lawsuit alleged that these policies led to potentially thousands of children being illegally arrested, illegally detained or both.

Dylan Geerts, a named plaintiff in the lawsuit, but not a part of the 2016 incident, was one of those children. When he was 15, he said he was arrested for stealing change and small items from a car.

“They essentially put me in solitary confinement for between 22 and 23 hours a day,” Geerts, now 23, told ABC News. “[They] took me off of my medications by force, not by doctor’s orders or anything. They just didn’t allow me to have my bipolar medication.”

“I was kept awake for close to 30 something hours by the staff, purposefully,” he added. He was released on house arrest after four days.

“I really struggled through my teenage years after that,” Geerts said, noting that he had fallen in with the “wrong crowd” during his time in juvenile detention.

Before his arrest, he said he had been hospitalized for suicidal thoughts. Although he had support from his family, following his arrest, he was hospitalized for attempting to harm himself and was later diagnosed with PTSD.

“Whenever you get taken off of a medication like that,” he said. “It can take weeks to months for it to work again if it does at all.”

The lawsuit was settled in June of this year for $11 million. As a part of the settlement, Brazil said Rutherford County denied any wrongdoing and each child who was improperly detained got $5,000 and each child who was improperly arrested got $1,000.

“It’s been heartbreaking, actually, to talk to these people’s families and to hear individually so many hundreds of stories,” he said.

“You’d like to hope, being a father to my children of my own, I like to hope that this kind of thing does not happen in the 2000s in America, but it does,” Brazil added. “It’s happening to a certain set of people disproportionately.”

Brazil said that the lawsuits have brought some change to Rutherford County. A federal injunction in 2017 ended the county’s “filter system.”

Although there was an investigation into the arrests in 2016, the police officers involved only received reprimands or short-term suspensions. The officials who recommended the charge did not participate in the investigation and had no mention of it in their personnel files, according to ProPublica.

Davenport is still the juvenile court judge for Rutherford County.

Geerts said that knowing the injunction has stopped the “filter system” has made him feel better. However, he said he wants the state legislature to mandate that counties release numerical data about their juvenile arrest rates. And, he said, he would like to see Davenport challenged when she goes up for election next year.

“I hope that people out here will take that into account and be sure that they can voice their opinion and let people know that, yeah, that’s not cool,” he said.

“Like you’re not making kids better, you’re honestly making them worse” he said. “People don’t belong in a box on their first offense, especially if you’re going to play doctor and take their medication away and lock them inside of a cell.”

Following the release of ProPublica’s report, state lawmakers have called for action.

“We are concerned about the recent reports and believe the appropriate judicial authorities should issue a full review,” Tennessee Gov. Bill Lee’s press secretary Casey Black said in a statement to ABC News.

Tennessee State Sen. Jeff Yarbro called the report’s findings “wrong on so many levels” in a tweet Saturday.

“It’s a horror show plain and simple, it’s abusive and it doesn’t even resemble law,” Yarbro, who is the Democratic Leader in the State General Assembly, told ABC affiliate WKRN.

Tennessee State Rep. John Ray Clemmons, who called for a federal investigation after the 2016 incident, said the state and the county failed children and their families in a statement to WKRN.

“As an attorney, I am limited in sharing my personal opinion on sitting judges, but these individuals, through their own acts and admissions, have proven themselves wholly unfit for the important positions they currently hold,” he added.

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 live updates: 1 region seeing highest hospitalizations in nearly 10 months

COVID-19 live updates: 1 region seeing highest hospitalizations in nearly 10 months
COVID-19 live updates: 1 region seeing highest hospitalizations in nearly 10 months
Lubo Ivanko/iStock

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 719,000 Americans have died from COVID-19 while over 4.8 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.2% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Here’s how the news is developing. All times Eastern:

Oct 14, 7:18 pm
CDC advising states to preorder Pfizer’s vaccine for young children

The U.S. Centers for Disease Control and Prevention is advising states to order Pfizer’s COVID-19 vaccine doses for children ages 5 to 11 ahead of a vote on its authorization.

An independent Food and Drug Administration advisory panel is scheduled to discuss the vaccine on Oct. 26, and a vote is expected soon after. In planning documents posted by the CDC, the agency is advising states to order their doses in advance of the meeting, with preorders starting Oct. 20.

This is meant to “ensure that vaccine can be placed in many locations nationwide, making it easier for children to get vaccinated” and “allow for a manageable and equitable launch,” the CDC said.

A decision from the CDC on recommending the vaccine is not likely until early November; the CDC’s Advisory Committee on Immunization Practices is scheduled to meet on Nov. 2 and Nov. 3.

-ABC News’ Sasha Pezenik

Oct 14, 3:17 pm
FDA panel votes in support of authorizing Moderna booster

The independent FDA advisory panel on Thursday voted unanimously to authorize Moderna vaccine boosters for Americans 65 and older, anyone 18 and older with underlying conditions and those frequently exposed to the virus through work or home life.

The recommendation is in line with what the FDA and CDC authorized for Pfizer booster shots last month.

The FDA panel will meet on Friday on J&J boosters. Following next week’s meetings from the CDC’s independent advisory group, Moderna and J&J boosters could be authorized and recommended for specific populations as soon as Oct. 22.

-ABC News’ Sasha Pezenik, Cheyenne Haslett

Oct 14, 3:02 pm
White House to donate 17 million J&J doses to African Union

When President Joe Biden meets with his Kenyan counterpart in the Oval Office Thursday, he’ll announce a one-time donation of over 17 million doses of the Johnson & Johnson vaccine to the African Union. This is in addition to the 50 million doses the U.S. has already donated to the African Union.

“We are hopeful this donation will help AU countries build vaccination programs and get shots into arms,” the White House said.

The doses will ship immediately.

-ABC News’ Sarah Kolinovsky

Oct 14, 2:03 pm
Region sees hospitalizations at highest point in nearly 10 months

Alaska currently has the country’s highest infection rate, followed by Montana, Wyoming, North Dakota, West Virginia and Idaho, according to federal data.

In the Department of Health and Human Services’ Mountain Region – which includes Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming — hospital admissions are at their highest point in nearly 10 months, according to federal data.

In the last five weeks, Michigan daily cases have nearly doubled and Minnesota daily cases have nearly tripled, according to federal data.

In New Hampshire and Vermont, daily cases are up by 40% and 43% respectively in the last month.

Over the last month, the U.S. has reported more than 47,000 confirmed COVID-19 deaths, including nearly 9,000 deaths recorded in the last week, according to federal data.

But hospital admissions have dropped by about 9.2% in the last week.

-ABC News’ Arielle Mitropoulos

Oct 14, 1:27 pm
Moderna says half dose will be just as effective

Dr. Jaqueline Miller, who presented data to the FDA committee on Thursday on behalf of Moderna, said the half dose works to boost antibody protections back up to the initial level.

“We chose the 50 microgram dose for the booster because we believe we should vaccinate with the lowest amount of antigen needed to induce an immune response at least equal to that in study 301 [the initial clinical study of Moderna vaccine], which was linked to vaccine efficacy of 93%,” Miller said.

Miller added that “reducing the booster dose to 50 micrograms will also increase the worldwide vaccine supply of mRNA.”

Americans who had a normal immune response to the first two shots and are getting a booster will need a half dose. But immunocompromised Americans — people receiving cancer treatment or organ transplant recipients, for example — need a full dose for their third shot to try and initiate the immune response they didn’t get from the first two.

Moderna officials said they’re preparing a letter explaining this administration to health care workers.

According to the FDA’s review of Moderna’s data, there was no evidence of increased side effects from booster doses.

-ABC News’ Cheyenne Haslett

Oct 14, 1:07 pm
Labor Department to issue new vaccine mandate

The U.S. is making progress in the fight against COVID-19 with daily cases and hospitalizations on the decline, but the nation must to do more to vaccinate Americans, President Joe Biden said Thursday.

The Labor Department will soon issue a vaccine mandate for workplaces with 100 or more employees, Biden said.

Biden called on more businesses to “step up” and more parents to get their children vaccinated when eligible.

“We can’t let up now,” he said.

Oct 14, 11:54 am
FDA’s independent committee hours away from vote on Moderna booster

The FDA’s independent committee is meeting on Thursday and will vote in hours on whether to greenlight the Moderna booster for: people 65 and older; people 18 and older who are at high risk of severe illness because of an underlying health condition; and people 18 and older whose job may put them at greater risk for exposure to the virus.

In introductory remarks Thursday, the FDA’s Peter Marks urged the independent panel to “harmonize” its decision with what has already been decided for Pfizer in order to avoid unnecessary confusion for the public.

Pfizer boosters have been authorized for people over 65, all adults with underlying medical conditions and adults whose job puts them at high risk.

The vote is scheduled for about 4:45 p.m.

Oct 13, 6:49 pm
Pending vaccine distribution for kids will be based on population: CDC

Initial distribution of the Pfizer vaccine for children ages 5 to 11 years old will be based on a state’s population of eligible children, according to a new planning document distributed to state immunization managers by the U.S. Centers for Disease Control and Prevention.

The document, obtained by ABC News, was sent to state officials in advance of the vaccine being authorized by federal regulators. The authorization could happen as soon as early November.

The pediatric vaccine will be shipped in 100-dose packs, each with 10 vials, the document said.

A person familiar with the planned rollout told ABC News that while the government purchased 65 million doses total, the initial shipment may be closer to the 10 million to 20 million range.

After an initial distribution, a “weekly supply will be made available to help sustain the network,” according to the document.

Oct 13, 2:00 pm
COVID No. 1 cause of death for 35- to 54-year-olds in September

COVID-19 was the leading of death among people ages 35 to 54 — and the second-leading cause overall — in September, according to an analysis by the Kaiser Family Foundation and the Peterson Center on Healthcare.

The research also estimates that since June more than 90,000 U.S. deaths from COVID-19 could have been prevented with vaccines, and more than half of those occurred last month.

In January, COVID-19 was the nation’s No. 1 cause of death, the analysis found. In July, before the delta surge, COVID-19 briefly dropped to eighth.

Copyright © 2021, ABC Audio. All rights reserved.

Chicago’s police union chief urges officers to defy city’s vaccine mandate

Chicago’s police union chief urges officers to defy city’s vaccine mandate
Chicago’s police union chief urges officers to defy city’s vaccine mandate
FOP Chicago Lodge 7/YouTube

(CHICAGO) — Chicago’s police union chief is urging officers to defy the city’s requirement to report their COVID-19 vaccination status by Friday.

Under the mandate, all city employees must submit their vaccination status by the end of the workweek. Unvaccinated workers who refuse to submit to semiweekly testing will be placed on unpaid leave.

Fraternal Order of Police President John Catanzara said, “It’s safe to say that the city of Chicago will have a police force at 50% or less for this weekend coming up,” in a video shared on YouTube Tuesday.

He urged officers, “Do not fill out the portal information,” and to file for exemptions. Under the mandate employees can apply for medical or religious exemptions, which will be reviewed on a case by case basis, but they’ll still be required to undergo regular testing.

“I’ve made my status very clear as far as the vaccine, but I do not believe the city has the authority to mandate that to anybody, let alone that information about your medical history,” Catanzara said.

He threatened to take Chicago Mayor Lori Lightfoot’s administration to court if she enforced the mandate.

The Chicago FOP did not immediately respond to ABC News’ request for comment.

“I can guarantee you that no-pay status will not last more than 30 days,” Catanzara said. “There’s no way they’re going to be able to sustain a police department workforce at 50% capacity or less for more than seven days without something budging.”

There’s been a contentious back and forth between the police union and Lightfoot.

In a press conference Wednesday she said: “There’s all kinds of things that that guy will say, must of it untrue, patently false. We’re not trying to do anything other than create a safe workplace.”

“He’s threatening litigation, I say bring it. Because we’re going to create a safe workplace for all of our employees and by doing that, we create safety for members of the public as well,” she added.

When asked, “What will the city do if over 50% of cops go into work and get sent home this week?” she replied, “I don’t expect that to happen.”

Police have been hit hard by coronavirus.

Four Chicago police officers died of COVID-19 last year, Lightfoot noted. On Tuesday, the Chicago police union’s former president Dean Angelo, 67, died after a weekslong battle with COVID-19, the Chicago Tribune reported.

Nationally, at least 228 officers have died of COVID-19 this, and 245 died in 2020, according to the Officer Down Memorial Page. The page said COVID-19 is the leading cause of death for law enforcement officers in both years.

San Francisco also announced a vaccine requirement for about 35,000 municipal workers in June and those who refuse and don’t get an exemption could be fired. New York announced the same requirement, which includes teachers and cops, which took effect mid-September, affecting some 340,000 city employees.

However, the Chicago police union isn’t the only one voicing opposition to the mandate.

Los Angeles County Sheriff Alex Villanueva said he won’t enforce a mandate for LA County workers to be fully vaccinated by Oct. 1 for his agency. The mandate allows for religious and medical exemptions.

“No, I am not forcing anyone,” Villanueva said during a town hall-style event on Facebook Live last week. “The issue has become so politicized there are entire groups of employees that are willing to be fired and laid off rather than get vaccinated. I don’t want to be in a position to lose 5, 10% of my workforce overnight on a vaccine mandate.”

In a statement on Oct. 8, Villanueva said, “The Department will continue requiring all of our employees to register with the Fulgent system but will only seek voluntary compliance and testing for the unvaccinated.”

Similarly, in New York City, last week the city’s largest police union, the Police Benevolent Association, shared a statement opposing the vaccine mandate for emergency responders.

“In the PBA’s view, the COVID-19 vaccine is a medical decision that members must make in consultation with their own health care providers. We have pushed to make the vaccine available to all members who seek it, and we will continue to protect the rights of members who are not vaccinated,” President Patrick Lynch said in a statement.

Copyright © 2021, ABC Audio. All rights reserved.

Teen sentenced to maximum for killing of Barnard student Tessa Majors, parents speak on their grief

Teen sentenced to maximum for killing of Barnard student Tessa Majors, parents speak on their grief
Teen sentenced to maximum for killing of Barnard student Tessa Majors, parents speak on their grief
Courtesy of Conrad MacKethan

(NEW YORK) — Luchiano Lewis was sentenced Thursday to the maximum of nine years to life in prison for his role in the murder of Barnard College freshman Tessa Majors.

Majors, 18, was stabbed to death on Dec. 11, 2019, in upper Manhattan’s Morningside Park, just off the campus of Columbia University.

Lewis, who was 14 at the time and charged as an adult, pleaded guilty to second-degree murder and second-degree robbery last month.

The two other teens arrested in connection to the slaying were 16-year-old Rashaun Weaver, who has pleaded not guilty, and a 13-year-old juvenile who pleaded guilty and is serving his sentence.

Lewis said the three middle school friends plotted to rob people in the park and pinned the idea on Weaver. Prosecutors said Weaver wielded the knife.

In the last moments of her life, a security camera caught Majors trudging up a flight of steps in the park, dripping blood and struggling to breathe. As she reached the street she collapsed against a lamppost and died minutes later of stab wounds.

Majors’ father, Inman Majors, briefly exited the courtroom Thursday while the video of his daughter’s final moments was played.

As the prosecutor read a family statement, Inman Majors sobbed audibly.

“We still find words inadequate to describe the immeasurable pain, trauma, and suffering that our family has endured since her senseless murder,” Majors’ parents wrote in a statement.

“Tess was a brilliant student, a voracious reader, a poet and a fledgling journalist. She had big dreams. She loved everything about music. … She loved meeting new people with different ideas and beliefs than her own,” her parents said. “But mostly she loved her family and friends, her cats, and especially her younger brother. Her family misses her every moment of every day.”

“Our hearts ache as we watch Tess’s friends return to school, perform concerts, start new jobs, and experience all the things that our daughter never will,” they continued. “It is hard for many old friends to be around us. Our grief is too profound. We are too changed from the people we used to be. Our lives are forever changed, and not a day goes by that we don’t think about what could have been for Tess’s future.”

Lewis, now 16, apologized and said he felt ashamed, embarrassed and “sad in the role I played in destroying two families.”

When Lewis told Majors’ father “I’m deeply sorry for your loss,” he wept and covered his eyes with his hand.

Lewis broke down as he apologized to his father, who was seated alone in the courtroom. “Dad, I’m sorry I failed you,” Lewis said.

Judge Robert Mandelbaum appeared skeptical of Lewis’ sincerity, saying “sadly and troublingly the defendant has learned no lessons.”

The judge noted the “multiple violent acts” Lewis has been involved in while incarcerated, including the beating of another inmate with a piece of metal wrapped in a sock.

Mandelbaum said in handing down the sentence, “The defendant was and is extremely young. He has his whole life ahead of him but Tessa Majors does not.”

Copyright © 2021, ABC Audio. All rights reserved.

Capitol Police using support dogs in wake of Jan. 6 trauma

Capitol Police using support dogs in wake of Jan. 6 trauma
Capitol Police using support dogs in wake of Jan. 6 trauma
U.S. Capitol Police

(WASHINGTON) — In the nine months since the Jan. 6 attack, even as their physical injuries heal, some Capitol Police officers still do battle with unseen wounds and memories.

As part of their department’s efforts to assist with that healing, the agency has now added two “wellness dogs” to its health program.

ABC News spoke with two officers in that program who have supported each other, with help from Lila, a 3-year old black lab from California.

Invisible injuries

U.S. Capitol Police officer Jeffrey Albanese, a 14-year veteran, said his role on Jan. 6 was to make sure all emergency personnel who needed to be in the Capitol could enter.

But what haunts him is having listened to radio calls from officers in distress.

“Hearing the cries for help, hearing, ‘We need officers here, we need officers at this place.’ Just hearing your responses back, ‘This is all we have.’ So, I’d say, you know, for me that was profound,” Albanese said.

One of those who needed assistance was fellow officer Caroline Edwards, who is dealing with prolonged effects from the attack, including a traumatic brain injury.

She was working on the Capitol’s West Front, when she saw a crowd of about 200 protesters coming at her. As they came closer, they began tearing down fences and barricades, Edwards said, using them to attack her and her fellow officers.

She has struggled in the months since.

“You kind of have this, this guilt of like, ‘Am I, am I making this up?’ — because I can’t tell you know I can’t show in a tangible way that I’m injured, but you know I really have to tell people I’m not feeling good today,” Edwards said.

The “hardest part about having a traumatic brain injury is just the unseen injury part,” she added. “You kind of have to tell people yourself like, I’m not feeling good today, I gotta, I gotta stop you have to set your own boundaries which is it difficult for anybody, let alone a police officer.”

Edwards said it’s been hard being away from her fellow officers during her recovery. “The injury takes you out of that tight-knit police community that you kind of come to know and love, and you see everybody working, you see everybody, suffering, and you have to sit home and not be able to do anything about it.”

Thanks to a peer support group, she said, she knew her feelings of guilt were understood.

Comfort dogs

As they spoke to reporters on Capitol Hill, both Albanese and Edwards were joined on by their four-legged colleague.

In the past few weeks, the department has hired two new comfort dogs, Lila and Leo, to address trauma as well as support the long-term health and well-being of their employees.

Dogs on Capitol Hill aren’t a new concept; they are often tucked away in congressional offices, led on leashes held by staffers and lawmakers. On Fridays, they can be seen roaming the halls when Congress often isn’t in session.

Wellness Coordinator Dimitri Louis, who began working at the Capitol in 2016, and joined the police force full-time focusing on wellness and resiliency, said since Jan. 6 there’s been an increased demand for the program’s resources.

Soon after the insurrection, several service animals were brought to Capitol Hill by other support agencies, including neighboring police departments. Officers quickly noted their positive impact.

Louis, who wasn’t a dog person before meeting Lila, now calls her a blessing.

“She originally started off as a seeing-eye dog, but through her training, they realize how much she loves squirrels and that distraction can be an issue. So, she got retrained to be very comfortable around people around crowds and to be very very social,” he said.

Lila moved in with Louis in June. Her canine colleague, Leo, joined the police force just two weeks ago with the goal to “lower anxiety, bring smiles and improve the overall well-being of all our employees, both sworn and civil,” Louis said.

Every day for Lila looks different. Some days, members of the police force can request her. Other times, she comes by to greet fellow members of the force. And some days, she just hangs out with Louis as he works in his office. However, he said, she does work at least 40 hours per a week.

And much like many other dogs “she does love chasing squirrels, which sometimes can be a challenge. She loves chasing squirrels, she really just loves being around people. It’s awesome that for her temperament and her personality, She loves what she does for work,” he said.

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 live updates: COVID No. 1 cause of death for 35- to 54-year-olds in September

COVID-19 live updates: 1 region seeing highest hospitalizations in nearly 10 months
COVID-19 live updates: 1 region seeing highest hospitalizations in nearly 10 months
Lubo Ivanko/iStock

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 719,000 Americans have died from COVID-19 while over 4.8 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.2% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Here’s how the news is developing. All times Eastern:

Oct 14, 11:54 am
FDA’s independent committee hours away from vote on Moderna booster

The FDA’s independent committee is meeting on Thursday and will vote in hours on whether to greenlight the Moderna booster for: people 65 and older; people 18 and older who are at high risk of severe illness because of an underlying health condition; and people 18 and older whose job may put them at greater risk for exposure to the virus.

In introductory remarks Thursday, the FDA’s Peter Marks urged the independent panel to “harmonize” its decision with what has already been decided for Pfizer in order to avoid unnecessary confusion for the public.

Pfizer boosters have been authorized for people over 65, all adults with underlying medical conditions and adults whose job puts them at high risk.

The vote is scheduled for about 4:45 p.m.

Oct 13, 6:49 pm
Pending vaccine distribution for kids will be based on population: CDC

Initial distribution of the Pfizer vaccine for children ages 5 to 11 years old will be based on a state’s population of eligible children, according to a new planning document distributed to state immunization managers by the U.S. Centers for Disease Control and Prevention.

The document, obtained by ABC News, was sent to state officials in advance of the vaccine being authorized by federal regulators. The authorization could happen as soon as early November.

The pediatric vaccine will be shipped in 100-dose packs, each with 10 vials, the document said.

A person familiar with the planned rollout told ABC News that while the government purchased 65 million doses total, the initial shipment may be closer to the 10 million to 20 million range.

After an initial distribution, a “weekly supply will be made available to help sustain the network,” according to the document.

Oct 13, 2:00 pm
COVID No. 1 cause of death for 35- to 54-year-olds in September

COVID-19 was the leading of death among people ages 35 to 54 — and the second-leading cause overall — in September, according to an analysis by the Kaiser Family Foundation and the Peterson Center on Healthcare.

The research also estimates that since June more than 90,000 U.S. deaths from COVID-19 could have been prevented with vaccines, and more than half of those occurred last month.

In January, COVID-19 was the nation’s No. 1 cause of death, the analysis found. In July, before the delta surge, COVID-19 briefly dropped to eighth.

Copyright © 2021, ABC Audio. All rights reserved.

Trump must give videotaped deposition in protest lawsuit, judge orders

Trump must give videotaped deposition in protest lawsuit, judge orders
Trump must give videotaped deposition in protest lawsuit, judge orders
100pk/iStock

(NEW YORK) — Former President Donald Trump must sit for a videotaped deposition next week as part of a lawsuit involving his anti-immigrant rhetoric, a judge in the Bronx ordered.

A group of Mexican protesters said they were assaulted during a rally outside Trump Tower in September 2015 over the then-candidate’s comments that Mexican immigrants were criminals and rapists.

The lawsuit named Trump, his campaign, his former head of security Keith Schiller, and others.

“Donald J. Trump shall appear for a deposition October 18, 2021 at 10 a.m. … or, in the event of illness or emergency, on another mutually agreed to date on or before October 31, 2021,” Judge Doris Gonzalez’s order said.

Trump faces the prospect of another deposition by the end of the year as part of a defamation lawsuit filed by former “Apprentice” contestant Summer Zervos, who alleges that Trump sexually assaulted her at the Beverly Hills Hotel in 2007, which Trump denies. Zervos claims that Trump defamed her during his campaign when he said she lied about the alleged assault.

Trump has also denied the allegations by former Elle columnist E. Jean Carroll, who is suing him for defamation after he accused her of lying about an alleged 1990s rape in a dressing room at Bergdorf Goodman.

Trump’s tax filings and business practices are also under criminal investigation by the district attorneys in Manhattan and New York State.

Copyright © 2021, ABC Audio. All rights reserved.

Hundreds gather for Miya Marcano’s Celebration of Life ceremony

Hundreds gather for Miya Marcano’s Celebration of Life ceremony
Hundreds gather for Miya Marcano’s Celebration of Life ceremony
cmannphoto/iStock

(COOPER CITY, Fla.) — Hundreds of mourners gathered for an emotional Celebration of Life ceremony for Miya Marcano, the Florida college student who was found dead eight days after her family reported her missing.

Her funeral will take place Thursday afternoon.

Family and friends embraced each other in front of Marcano’s casket, which was painted her favorite color royal blue, during Wednesday’s ceremony at Cooper City Church of God.

Loved ones shared their favorite memories of Marcano and talked about how she enjoyed dancing and celebrating her Caribbean culture.

“It was totally amazing just to be there and to experience the lives that Miya touched in such a short period of time,” family attorney Daryl K. Washington told ABC News.

“Hearing the stories from her friends, strangers and family members talking about how she was such a princess and how she brightened up the room every time she entered. It makes it so hard to accept the fact that this young lady lost her life in such a brutal fashion,” he added.

Marcano’s mother, Yma Scarbriel, is asking that donations be made to the Miya Marcano Memorial Fund, which is supporting and providing resources to families of missing persons while advocating for the protection of students and vulnerable populations, in lieu of flowers.

“Miya always said she would change the world and we want to ensure her legacy lives on,” Scarbriel told local ABC affiliate in Miami, Florida, WPLG.

Marcano, who turned 19 in April and was a student at Valencia College, was last seen at the Arden Villas apartments complex in Orlando on Sept. 24. Her family reported her missing after she missed a flight home to South Florida that day.

Her body was found Oct. 2 near the Tymber Skan apartment complex in Orlando with her hands, feet and mouth taped over.

Orange County Sheriff John Mina said last week that Armando Caballero, 27, “is the person responsible for her death.” He was a maintenance worker at Arden Villas and was found dead Sept. 27, three days after Marcano disappeared, from an apparent suicide, authorities said.

Authorities previously said Caballero had expressed a romantic interest in Marcano but she rebuffed his advances. Caballero possessed a key fob to access apartments and his was used at Marcano’s unit just before her disappearance, authorities said.

Washington said the family is working to establish policies that will assure maintenance and other apartment complex employees do not have free access to people’s apartments without their permission. He said the family is also in talks with state politicians to potentially pass legislation on the issue.

“There’s really no laws to protect people from this type of invasion of privacy,” he said. “Right now we’re working on it on the state level, but hopefully that’s going to be something that can really go on the national level.”

Copyright © 2021, ABC Audio. All rights reserved.

In 2020, 62% of police deaths were caused by COVID: One officer’s story

In 2020, 62% of police deaths were caused by COVID: One officer’s story
In 2020, 62% of police deaths were caused by COVID: One officer’s story
Culpeper County, Virginia Sheriff’s Department Captain James Anthony “Tony” Sisk is pictured in an undated handout photo. Sisk died of COVID-19 on Oct. 1, 2021. – Culpeper County Sheriff’s Office

(NEW YORK) — James Anthony “Tony” Sisk was a lifelong law enforcement officer.

He had reached the rank of captain with the Culpeper County, Virginia, Sheriff’s Department.

Before that, he had worked in several different local departments starting in 1994, according to a department Facebook post

Sisk was a native of the area, graduating from Culpeper High School and a lifelong friend of current Culpeper County Sheriff Scott Jenkins, who Sisk went to work for after Jenkins was elected sheriff.

The father of two was respected by his co-workers, and in 2019 he was honored with a lifetime achievement award from the Culpeper Domestic Violence and Sexual Assault Task Force for his work in support of crime victims.

On Oct. 1, Sisk died of COVID-19 after being admitted to the hospital, the Facebook post said.

He was 50 years old.

“Tony’s death leaves a hole in our hearts and in our community that cannot be filled,” Sheriff Jenkins said. “His ready smile and warm embrace were well known to all. Knowing that Tony is resting with God helps a little to ease the tremendous pain of losing this outstanding human being. Rest In Peace, brother.”

COVID-19 has claimed the lives of almost 500 law enforcement officers, between 2020 and 2021, according to the Officer Down Memorial Page, a database that tracks line of duty officer deaths.

That represents 62% of all law enforcement line of duty deaths in 2020 alone, according to the statistics.

“It’s taken a definite toll,” Fayette County, Ohio, Sheriff Vernon P. Stanforth told ABC News. “Anytime there’s a line of duty death there, it impacts the entire agency and the entire law enforcement community.”

Standforth is president of the National Sheriffs’ Association.

Those fallen officers will be honored by Attorney General Merrick Garland during a candlelight vigil on Thursday night, according to the National Law Enforcement Museum.

Patrick Yoes, president of the National Fraternal Order of Police, one of the biggest police unions in the country called COVID-19 not only a public health crisis, but a public safety crisis.

“The National Fraternal Order of Police knew at the beginning of the pandemic that law enforcement officers on the front lines combating this pandemic would be increasingly vulnerable to contracting the virus,” Yoes said. “As we had feared, the virus has claimed the lives of many, and now includes a growing number of law enforcement officers.”

It is not known if Sisk ever got vaccinated.

The Fraternal Order of Police maintains that getting vaccinated for COVID-19 is a personal decision, as does Sheriff Standforth.

He said he believes the vaccine will become like wearing a bulletproof vest. At first, Standforth said, officers were apprehensive about wearing a vest, but as time went on, more and more started wearing them.

“We will eventually, just like the past, we will eventually get to the place, where we will say, OK, I can’t make the argument any longer I’ve got it, I’m going to take the vaccine to protect myself and my family,” the sheriff said. “I think that’s just cyclical and it’ll happen in due time.”

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Don’t rely on safety systems in cars during bad weather, American Automobile Association warns

Don’t rely on safety systems in cars during bad weather, American Automobile Association warns
Don’t rely on safety systems in cars during bad weather, American Automobile Association warns
c1a1p1c1o1m1/iStock

(NEW YORK) — The American Automobile Association (AAA) is warning drivers nationwide not to over-rely on advanced safety systems in cars, like automatic braking and lane assist systems, during inclement weather.

New research from the organization found that heavy rain affects safety features from functioning properly, which can result in performance issues.

During AAA experiments, vehicles equipped with automatic emergency braking, that traveled at 35 mph, collided with a stopped vehicle one third of the time.

“Often these systems are tested in somewhat perfect conditions,” Greg Brannon, AAA’s director of automotive engineering and industry relations, told ABC News. “But the reality is drivers don’t drive in perfect conditions.”

In the experiment, AAA simulated rain and other environmental conditions, such as bugs and dirt, to measure impact on the performance of various advanced driver assistance systems (ADAS).

To simulate rainfall, AAA engineers designed a system using a reservoir to hold water atop the cargo area of the test vehicle. The system was connected to a nozzle positioned above the windshield, so the spray pattern covered the entire windshield.

“We created a device that allowed the windshield to experience basically what it would in a rainstorm,” Brannon said.

AAA also found that cars with lane keeping assistance departed their lanes 69% of the time.

“It’s pretty, pretty substantial and surprising findings for something that is on a lot of cars today,” Brannon said.

The tests were conducted with five different vehicles, including the 2020 Buick Enclave Avenir with automatic emergency braking and lane keep assist, a 2020 Hyundai Santa Fe with forward collision avoidance assist and lane keeping assist, a 2020 Toyota RAV4 with pre-collision system and lane tracing assist, and a 2020 Volkswagen Tiguan3 with front assist and lane assist.

According to the National Highway Traffic Safety Administration (NHTSA), “Driver assistance technologies hold the potential to reduce traffic crashes and save thousands of lives each year.”

The agency said more than 36,000 people died in motor vehicle crashes in 2019 — many of which were tied to human error.

Brannon said consumers should use advanced safety systems, but not in the place of engaged driving. “The most dangerous thing that a consumer can do is to over-rely on the systems.”

“AAA’s advice to consumers that have advanced safety systems in their car really is the same regardless of what that system is, and that’s to drive the car like the system is not there,” Brannon said. “Select a car that has the most advanced safety systems available, because they all hold a lot of potential to reduce injury and save lives, and that’s a good thing.”

Brannon said drivers should never use cruise control during inclement weather, and he advised motorists to slow down.

“Really understand the environment that you’re operating in and then make sure that you are fully engaged in that task of driving,” Brannon said.

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