(NEW YORK) — Westchester District Attorney Mimi Rocah has declined to pursue criminal charges against former New York Gov. Andrew Cuomo.
While her investigators found “credible evidence” the alleged conduct had occurred, Rocah said it fell outside the statute of limitations.
Rocah’s investigation, which began after the release of the New York Attorney General’s report on Cuomo, examined the accusations made by a state trooper on Cuomo’s security detail and by a woman who alleged Cuomo gave her an unwanted kiss during an event at White Plains High School.
Rocah is the second prosecutor in recent weeks, after Nassau County’s, to decline to prosecute Cuomo based on the statute of limitations.
(NEW YORK) — SydPath, an Australian-based lab, sent hundreds of patients the wrong test results, due to a “data processing error,” it said in a statement.
The lab announced in a statement Monday that a total of 995 people, who had taken COVID- tests on Dec. 22, Dec. 23 and Dec. 24 had received text messages that their test results were negative when the results had not yet been determined.
Of those 995 people, 486 people had actually tested positive.
This comes after the lab announced on Sunday it had told more than 400 people their results were negative when they were positive.
This error comes as the country sees the number of COVID-19 cases surge. On Tuesday, Australia reported 11,260 new positive cases, bringing its cumulative number of active COVID-19 cases to 323,285, according to the government’s Department of Health.
The lab, a part of St. Vincent’s Hospital Sydney, established an emergency response team to “rectify the issue as soon as possible,” according to its website, characterizing the mistake as a “clerical error.”
Those impacted had taken tests at any of the lab’s clinics.
SydPath said it will reduce the number of tests it processes “to ensure the volume remains within our capacity,” it said in the statement.
The lab said it reached out to those people and will update them with their correct results. It advised anyone impacted to self-isolate until they are contacted with their correct results, according to its website.
SydPath did not immediately respond to ABC News’ Request for comment.
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.4 million people have died from the disease worldwide, including over 820,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
About 61.8% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.
Latest headlines:
-5 states seeing more cases than any other point in pandemic
-Biden ends travel restrictions on 8 African countries
-Omicron accounting for about 58.6% of new cases
-CDC shortens recommended isolation time for some infected patients
Here’s how the news is developing. All times Eastern.
Dec 28, 5:49 pm
CDC investigating 86 cruise ships for COVID-19 cases
The U.S. Centers for Disease Control and Prevention is investigating 86 cruise ships operating or planning to operate in U.S. waters that have reported COVID-19 cases.
In order to meet the threshold for a CDC investigation, a ship must report COVID-19 cases in more than 0.10% of passengers or have a single crew member test positive in the previous seven days.
The CDC started by investigating 38 ships, and has now investigated 48 additional vessels, which remain “under observation.”
None of the ships have been designated as “red,” which means they haven’t reached the level of COVID-19 transmission needed to overwhelm the medical resources on board.
ABC News’ Mina Kaji
Dec 28, 3:53 pm
UCLA pulls out of bowl game
UCLA said its football team has pulled out of Tuesday night’s San Diego County Credit Union Holiday Bowl due to COVID-19.
UCLA was set to play North Carolina State.
ABC News’ Matt Fuhrman
Dec 28, 3:22 pm
Greece sees record single-day increase
Greece reported 21,657 new COVID-19 cases on Tuesday — a record 133% increase from the 9,284 new cases reported on Monday, according to government data.
Eighty-five percent of COVID-19 patients in Greece’s hospitals are not vaccinated.
ABC News’ Christine Theodorou
Dec 28, 3:04 pm
US cases, hospitalizations, deaths expected to rise
Forecast models used by the CDC suggest cases, hospitalizations and deaths will rise over the next four weeks.
According to the models, the U.S. death toll could reach 862,900 by Jan. 22.
Nationally, estimates suggest between 8,700 and 20,800 Americans could be admitted to the hospital each day by Jan. 10.
These forecasts are from the COVID-19 Forecast Hub at UMass Amherst, where a team monitors and combines forecasting models from the nation’s top researchers. The team then creates an ensemble — displayed like a hurricane forecast spaghetti plot — usually with a wide cone of uncertainty.
(NEW YORK) — The U.S. Food and Drug Administration is warning consumers to keep an eye on the veggies in their fridge for a potential listeria contamination.
Dole Fresh Vegetables, Inc., is voluntarily recalling from the market all Dole-branded and private label packaged salads processed at its facilities in Bessemer City, North Carolina and Yuma, Arizona, the FDA said.
A random analysis of listeria packages of a Dole-branded garden salad from the two facilities found samples of a strain of listeria monocytogenes, the FDA said.
“Products subject to the voluntary recall are identified by a product lot code beginning with either the letter “N” or “Y” in the upper right-hand corner of the package,” the FDA said in its advisory.
The packaging will have a “best if used by date” between Nov. 30, 2021 and Jan. 8, 2022, according to the agency.
Listeria can cause symptoms such as “high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea,” and be fatal, especially for children, the elderly and the immunocompromised, the FDA said.
More details about the recall, including a complete list of affected products is available on the FDA’s website.
Consumers can contact the Dole Consumer Response Center at 800-356-3111 with any questions about the recall.
(DENVER) — A shooter allegedly went on a “killing spree” across the Denver area Monday night, killing four and wounding three, across at least four locations, officials said.
The suspect died following an exchange of gunfire with police, officials said. Prior to the shooting, federal law enforcement was aware that the suspect, Lyndon McLeod, harbored extremist views and had a history of psychiatric episodes, multiple law enforcement sources confirmed to ABC News.
Law enforcement is now scouring the suspect’s writings, both physical and online, and trying to determine what led up to the shooting spree, sources said.
The incident began at about 5 p.m. on Monday in downtown Denver, where three people were shot, Denver Police Chief Paul Pazen said. Two women were killed and a man was injured, he said.
The shooting appeared to start with a tattoo parlor as the target, sources said, citing preliminary findings of the investigation. State business records obtained by ABC News indicate McLeod used to own a tattoo business in Denver.
Police received a call moments later about a second shooting nearby, where one man was killed, Pazen said. Gunshots were then reported at a third location, but there were no injuries, he said.
“Denver police officers identified a vehicle associated with this incident. There was a pursuit that ensued,” Pazen said. “There was an exchange of gunfire between the individual, the suspect, here, and our officers.”
There were no injuries in that exchange, Pazan said, but the suspect disabled a police vehicle and fled into neighboring Lakewood.
Lakewood police then responded to a report of a shooting at about 6 p.m., said John Romero, the department’s public information officer. One person was killed in that incident, he said.
Lakewood police then located the suspect’s vehicle at a shopping center, Romero said. The suspect shot at officers, before fleeing on foot to a nearby store and then a Hyatt Place hotel, he said. The suspect shot a clerk at the hotel, Romero said.
The suspect shot and injured a Lakewood officer while fleeing the hotel, Romero said. That officer was in surgery, Romero said during the press conference.
The suspect and officers then exchanged gunfire, and the suspect was shot and killed, Romero said.
“This is the holiday season. To have this type of spree take place is not normal for our community,” Pazen said. “We cannot lose sight of the victims in this, the people who are still fighting for their lives, including a Lakewood agent.”
(NEW YORK) — With coronavirus cases in the U.S. approaching near-peak levels recorded last winter, pediatric coronavirus infection and hospitalization levels are now surging to their highest point in months.
Last week, nearly 200,000 American children tested positive for COVID-19, up by about 50% since the beginning of December, according to a new report from the American Academy of Pediatrics and the Children’s Hospital Association. Hospitalizations among children have been rapidly following suit.
Across the country, more than 2,100 children are currently hospitalized with confirmed or suspected cases of COVID-19 — up by approximately 800 pediatric patients, compared to just a month ago, according to federal data.
As a growing number of COVID-19 positive children are admitted into the hospital in need of care, health care workers and experts are sounding the alarm about the concerning trend.
“Our most precious commodity in this United States of America is our children,” Dr. Kenneth Remy, associate professor of internal medicine and pediatrics critical care with UH Rainbow Babies & Children’s Hospital, told ABC News. “And right now, we’re on fire.”
Daily pediatric COVID-19 related hospital admissions have more than doubled in the last month, increasing by 110%. Now, an average of more than 300 children are being admitted to the hospital each day.
According to the health experts, a confluence of factors have led to the surge. The initial catalyst was the delta variant, subsequently followed by the recently discovered omicron variant. Further, vaccination rates, particularly among the pediatric population, continue to lag, leaving many children vulnerable to severe illness.
To date, less than a third of eligible children — ages 5 to 17 — have been fully vaccinated.
6 states report more than 100 children hospitalized with COVID-19
At the state level, more children are hospitalized with COVID-19 in New York than in any other state in the country, particularly in New York City, where children appear to be bearing the brunt of the state’s latest surge in pediatric cases.
In less than three weeks, New York City has seen a five-fold increase since the week of Dec. 5, Mary Bassett, the state health commissioner, reported during an update with Gov. Kathy Hochul on Monday.
“There’s just no reason. We have the supply. We have the capacity. We have the staff in place for every child to be vaccinated, who is eligible,” Hochul said, urging parents to use the winter break as a time to vaccinate their children.
Six states – Georgia, Illinois, New York, Ohio, Pennsylvania, and Texas – currently have more than 100 children hospitalized with COVID-19.
In Pennsylvania, the PolicyLab at Children’s Hospital of Philadelphia warned last week that it has seen a “sharp increase in test positivity” among children it has tested in the area.
“These data support the fact that transmission is now increasing disproportionately among children compared to adults,” the group wrote. “We are seeing cases of moderate to severe disease among hospitalized children, including otherwise healthy children, particularly those who have not been vaccinated.”
In Ohio, where more than 200 children are currently hospitalized with COVID-19, Dr. Adam Mezoff, chief medical officer at Dayton Children’s Hospital, told ABC News that he has been concerned to see the recent increase in infected children.
“It seems to be hitting younger age groups, at this time,” Mezoff said, adding that he expects to see more hospitalizations to follow, given the infectivity of omicron. “How sick they become is hard to estimate right now, because we don’t have enough information.”
Preliminary data from South Africa estimates that children had a 20% higher risk of hospitalization in the country’s omicron-driven fourth wave, given the fact that so many children were still unvaccinated, and therefore, unprotected.
“We have to keep an eye on that,” Dr. Anthony Fauci, chief medical adviser to the White House, told ABC’s Good Morning America on Monday. “That’s one of the reasons why we say now that we have the capability and the authority to vaccinate children 5 to 11 that we’re encouraging parents, that if you have a child from 5 to 11, please get that child vaccinated to prevent them from getting anything that even resembles a serious illness.”
Although severe illness due to COVID-19 remains “uncommon” among children, according to the AAP and CHA, experts stress that young people are not immune from the virus, or from severe illness and death.
According to the CDC, children are as likely to be infected with COVID-19 as adults and the virus is now one of the top 10 causes of death for children ages 5 through 11 years.
In Northeast Ohio, Remy said that what is happening in his hospital “is a reflection” of what is happening in the rest of the country for children, further rebutting the misconception that children are unaffected by COVID-19.
“What we’ve seen over the past couple of weeks, sadly, is not even just a slow increase, but a direct shoot upward [trend] of children becoming ill from this disease, and coming into the ICU,” Remy said. “Sadly, we’ve seen children at our institution and others, lose their lives. So we’re in a different situation than we were many months ago.”
Mezoff said he worries that there will be a lot of sick children, and he is also deeply concerned that there will not be enough staff to take care of them.
“The combination of large numbers of children that are sick with challenging staffing numbers does raise a lot of concern for us,” Mezoff said.
Remy added that he and his colleagues fear that more people, including children, will be coming into the hospital in the next few weeks into the intensive care units.
“We’re not just arcing upward. We are going straight upward,” Remy said. “And suddenly over the next couple of weeks, this is going to get worse, and so sadly, too many people are going to lose their lives.”
‘This is a no brainer’
As the virus continues to spread, experts stress that vaccination remains the best tool to not only protect children from getting sick, but also to change the trajectory of the pandemic.
“If I knew that there was a fire outside my house, I would make sure that I had extinguishers. I would make sure that I had a way out and an escape plan for my children,” said Remy, using, once more, his blaze metaphor to explain the current crisis of the unfolding pandemic. “Right now … being on fire, we have something that could actually quench much of those flames.”
Mezoff noted that as of yet, Dayton’s Children’s Hospital has yet to care for a COVID-19 positive child who has been vaccinated.
Getting boosted when eligible and wearing masks also remain key to protect those who are still too young to be vaccinated, Remy said.
“We know that these things will quell those flames and protect our children. So to me, this is a no brainer,” Remy said. “We only have one goal we’ve only had one goal and that’s to improve the lives of children. That means keeping them alive.”
(LOS ANGELES) — The family of 14-year-old Valentina Orellana-Peralta, who was fatally shot by Los Angeles police at a clothing store on Dec. 23, is demanding answers from the department.
“To see a son or daughter die in your arms is one of the pains — the greatest pains and most profound pains — that any human being can imagine,” said Valentina’s mother, Soledad Peralta. “Now, our sweet angel has left us forever. Please give us strength, Valentina.”
The family is being represented by civil rights attorney Ben Crump, who has also represented the families of Trayvon Martin, George Floyd and Ahmaud Arbery.
Valentina was killed on Dec. 23 while holiday shopping with her mother at a Burlington clothing store in North Hollywood, California. She was fatally struck by a stray bullet in a dressing room, while holiday shopping with her mother, when LAPD officers opened fire on a suspect who had allegedly committed assault with a deadly weapon in the store.
Valentina’s mother and father wore signs Tuesday that said “justice for our daughter.”
“The pain of opening Christmas presents for her that were delivered for Christmas Day cannot be described,” said Valentina’s father, Juan Pablo Orellana Larenas, in Spanish at Tuesday’s press conference. “Now, those gifts will be brought to her grave because she’s gone.”
“It’s like my heart was torn out,” he said.
The LAPD published 911 calls, radio transmissions, body camera footage and surveillance video four days after the incident. The department’s policy is to release video of incidents like police shootings within 45 days.
In a Dec. 27 statement, LAPD Chief Michel R. Moore said, “This chaotic incident resulting in the death of an innocent child is tragic and devastating for everyone involved. I am profoundly sorry for the loss of this young girl’s life and I know there are no words that can relieve the unimaginable pain for the family.”
He added, “My commitment is to conduct a thorough, complete and transparent investigation into the circumstances that led up to this tragedy and provide the family and public with as much information as possible.”
According to the LAPD’s body camera footage and 911 audio recordings, several callers notified 911 dispatchers of a possible shooting in progress at the store. One 911 caller can be heard asking customers to evacuate and telling the dispatcher that he is breaking things.
The suspect, Daniel Elena-Lopez, did not have a gun at the scene, according to officials. He had a metal bike lock that was allegedly used to assault a woman and break glass.
Elena-Lopez carried his bicycle to the store’s second floor, where he set it down and wandered around trying on clothes, according to surveillance footage provided by LAPD. He was confronted by a store employee about his bicycle when he broke a computer monitor with his metal bike lock.
According to surveillance footage, Elena-Lopez repeatedly hit the glass railing by the store’s escalators and walked around the store erratically.
The footage shows Elena-Lopez attacking a woman on the escalator with his bike lock. She escaped and left the store. He then attacked another woman but she also fled.
Later, according to the footage, Elena-Lopez repeatedly beat a third woman with his bike lock on the second floor of the store. As she tried to escape, he dragged her toward the dressing rooms. She was injured and bleeding from the attack when police arrived, officials say.
Armed officers then entered the store, confronted Elena-Lopez and fatally shot him, according to LAPD. A bullet is believed to have pierced a wall behind the suspect and hit Valentina.
“We heard screams and we sat down, and hugged, and started praying,” said Peralta, through a translator. “When something hit my daughter, Valentina, it threw us to the floor … and she died in my arms.”
She added, “There was nothing I could do.”
Officials say Valentina was out of sight from the officers.
The Los Angeles County medical examiner-coroner declared Valentina’s manner of death as a homicide, with the cause of death being a gunshot wound to the chest.
(NEW YORK) — A new study suggests immunocompromised Americans people who are fully vaccinated against COVID-19 are more likely to have breakthrough infections than people without weakened immune systems, but found full vaccination still adds more protection than being partially vaccinated.
Researchers from Johns Hopkins Bloomberg School of Public Health and the University of Washington found people with so-called immune dysfunction, including immunocompromised people like those with HIV or on immunosuppressant medications, had rates of breakthrough cases up to twice as high as those with normally-functioning immune systems.
“People with immune dysfunction conditions have a higher risk for COVID-19 breakthrough infection than those without such a condition, suggesting continued use of nonpharmaceutical interventions (mask-wearing, social distancing, avoid crowd gathering and travel, etc.) and alternative vaccine strategies (additional doses or immunogenicity testing) should be recommended even after full vaccination.” Dr. Jing Sun, corresponding author of the study and an assistant scientist in the department of epidemiology at Johns Hopkins Bloomberg School of Public Health, told ABC News.
For the study, published in JAMA Internal Medicine Tuesday, the team looked at data from the National COVID Cohort Collaborative, which is a central database of COVID-19 data from academic medical centers across the country.
More than 664,000 people were included in the study between December 2020 and September 2021.
Patients were broken into two groups: with and without immune dysfunction. Those with compromised immune systems were broken down even further into patients with diagnoses such as HIV, multiple sclerosis and rheumatoid arthritis as well as people who had undergone organ transplants and bone marrow transplants.
A breakthrough infection was defined as someone who contracted COVID on or after the 14th day following vaccination.
Compared with only being partially vaccinated against COVID-19, being fully vaccinated was linked to a 28% reduced risk of breakthrough infection, regardless of immune system status.
However, those with weakened immune systems were at higher risk for breakthrough infection.
Throughout the study period, patients without immune dysfunction had a breakthrough infection rate of 7.1 per 1,000 person-months.
By comparison, those who had undergone bone marrow transplants had a breakthrough case rate of 8.6 per 1,000 person-months and multiple sclerosis patients had a rate of 8.9 per 1,000 person-months.
HIV patients had a rate of 9.1 per 1,000 person-months and rheumatoid arthritis patients had a rate of 9.3 per 1,000 person-months.
The highest breakthrough case rate was seen among organ transplant patients at 15.7 per 1,000 person-months — twice as high as those who are not immunocompromised.
Researchers believe this is because transplant patients must be on immunosuppressants for the rest of their lives so their bodies don’t reject their new organs. However, this also weakens their immune systems and makes them more susceptible to infection such as COVID-19.
The team said the findings provide further evidence that immunocompromised people may be at higher risk for breakthrough infection and that these Americans — which make up an estimated 3% of the population — should continue to wear masks even after being vaccinated and also should receive a third dose.
The findings have three caveats, with the first being that the study was conducted during the delta wave, before the omicron variant — which appears to be more transmissible — became dominant in the U.S.
Secondly, researchers only looked at the risk of breakthrough infection after a first and second dose of the vaccine and did not study the risk after a booster shot.
Finally, they only looked at certain immunocompromising conditions but not all, like cancers.
Booster shots were approved by the Food and Drug Administration and the Centers for Disease Control and Prevention for immunocompromised people in August and have been shown to boost antibody levels in immunocompromised people after being fully vaccinated.
(NEW YORK) — Citing the “astronomical” spread of the omicron variant and the potential risk the coronavirus poses to derail proceedings, the judge overseeing the sex trafficking trial of Ghislaine Maxwell wants the jury to deliberate later into the evening and without a holiday interruption.
As the jury began its fourth full day of deliberations Tuesday, Judge Alison Nathan expressed concern about the “high and escalating risk that jurors or trial participants may need to quarantine” if they contract the virus, “putting at risk our ability to complete this trial.”
On Monday, Nathan asked jurors to deliberate until 6 p.m. from that day forward. She offered to take back the request if any jurors found the extra hour to be a hardship, but said on Tuesday that none have so far.
“We are seeing an astronomical spike in the number of COVID-positive cases in New York City,” Nathan said. “We are very simply at a different place regarding the pandemic than we were only one week ago.”
In addition to the extra daily hour, the judge said she would ask jurors to deliberate without a break over the New Year’s holiday on Thursday and Friday.
“In light of the variant, my concern about the interruption of the trial, given the increasing daily risk of exposure to either a juror or trial participant requiring quarantine — it is time to think about having the jury make plans to deliberate until a verdict is reached,” Nathan said.
Meanwhile on Tuesday, Maxwell’s attorneys asked the judge to clarify her response to the jury’s question late Monday regarding Maxwell’s alleged involvement in the transportation of one of her accusers, known as “Jane,” for which Maxwell is facing a count of Transportation of an Individual Under the Age of 17 with Intent to Engage in Illegal Sexual Activity.
“Under count four, if the defendant aided in the transportation of Jane’s return flight, but not the flight to New Mexico, where/if the intent was for Jane to engage in sexual activity, can she be found guilty under the second element?” the jury asked.
The charge is a violation of New York state law, and the defense — concerned that the jury could convict Maxwell based on something that happened in New Mexico — sent a letter to the judge asking for “additional instructions to correct apparent errors in the jury’s understanding” of the charge. Judge Nathan had referred the jury to her instructions, but the defense argued that was insufficient.
“They are looking at the instructions that they have been given thus far … and they are unclear,” defense attorney Christian Everdell said. “They are confused by those instructions.”
MORE: Defense rests after Ghislaine Maxwell says there is ‘no need’ for her to testify in her own defense
Prosecutors opposed the defense’s request for additional clarification.
“It was a correct legal instruction when the court referred the jury to it yesterday afternoon,” prosecutor Alison Moe said. “No relief is appropriate here.”
The judge agreed with the government and declined to tell the jury anything more.
“The proposal made by the defense is wrong,” Nathan said. “I continue to not know how to parse the jury’s question.”
Maxwell is the longtime associate of serial sex offender Jeffrey Epstein, the disgraced millionaire who died by suicide in jail in 2019. She is facing charges related to the alleged abuse and trafficking of underage girls between 1994 and 2004, and has pleaded not guilty to the charges.
(LOS ANGELES) — Twenty-four states, from California to Maine, are on alert for extreme cold, freezing rain, heavy snow and avalanche danger on Tuesday.
Western storms, which brought snow to parts of California and the West are headed east, bringing an icy mix, severe weather and a tornado threat to the South and Northeast.
A few more storms will move through the West over the next few days, bringing more heavy snow for the mountains where an avalanche warning has been issued from California to Colorado. Locally, there could be an additional 2 to 4 inches of snow.
In southern California, 2 to 3 additional inches of rain are possible, which could cause minor flooding.
In the Northeast, as one storm move out, another will move in, with more icy roads forecast Tuesday night into Wednesday morning.
Blizzard conditions raged the Midwest on Monday from the Dakotas into Minnesota, where winds gusted near 50 miles per hour and almost 2 feet of snow fell.
Between 3 to 6 inches of snow are expected in the Midwest, with up to 4 inches possible in the Northeast over the next few days.
From Chicago to Green Bay, Wisconsin, and the Twin Cities, a winter weather advisory has been issued where a mix of freezing rain and snow is expected on Tuesday. Roads could become very slick.
In the South, Mississippi, Alabama and Tennessee are under a threat for severe thunderstorms with damaging winds and a few tornadoes on Wednesday.
The northern half of the country is expecting an arctic outbreak, with some of the coldest arctic air so far this season. The air will move from the northern Rockies into the Upper Midwest.
Wind chills in parts of Montana and the Dakotas have dropped close to 30 to 50 degrees below zero. This air mass will move east into the western Great Lakes and the upper Midwest. The actual temperature is forecast to be well below zero for places like Minneapolis.
As the new year begins, afternoon temperatures will be well below zero in Fargo, North Dakota, and minus 2 in Minneapolis. Temperatures in Denver and Kansas City, Missouri, will also be below freezing.
