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Family of Elijah McClain reaches settlement with Aurora, Colorado

October 19, 2021 by WDNY Radio

(NEW YORK) — The family of Elijah McClain has reached a settlement with the city of Aurora over his violent arrest and subsequent death, city officials said.

“The city of Aurora and the family of Elijah McClain reached a settlement agreement in principle over the summer to resolve the lawsuit filed after his tragic death in August 2019,” Ryan Luby, the deputy director of Communications and Marketing for Aurora, told ABC News.

He said city leaders will sign the agreement as soon as the family completes a separate process to determine how any settlement proceeds will be divided among themselves. Until then, “the parties cannot disclose the settlement terms,” but so far, no amount was discussed in the most recent hearing on Oct. 8, Luby said.

“The court will now determine allocation of the proceeds between Ms. McClain, the parent who raised Elijah McClain by herself, and LaWayne Mosley,” attorneys for Elijah McClain’s mother, Sheneen McClain, told ABC Denver affiliate, KMGH-TV.

A lawyer for Elijah McClain’s father also confirmed a settlement has been reached.

“Nothing will bring back his son Elijah, who he loved dearly, but he is hopeful that this settlement with Aurora, and the criminal charges against the officers and medics … will allow his family and the community to begin to heal,” attorney Mari Newman, on LaWayne Mosley’s behalf, told ABC News.

The settlement comes over a year after the family filed a 106-page federal lawsuit in the U.S. District Court of Colorado, accusing several officers and paramedics of violating Elijah McClain’s civil rights and negligently causing his death.

Elijah McClain, a 23-year-old massage therapist from Aurora, Colorado, was confronted by police on Aug. 24 while walking home from a convenience store, after a 911 caller said they saw someone “sketchy.” He was unarmed.

He was wearing a ski mask at the time because, according to his family, he had anemia, a blood condition that can make people feel cold more easily.

Body camera video shows that the officers told Elijah McClain he was “being suspicious,” to which he replied, “I have a right to go where I am going.”

Officers placed him in a carotid chokehold, which restricts the carotid artery, cutting off blood to the brain, according to an independent review of his death released in February. Elijah had earlier pleaded with them, saying he is non-violent and at one point was heard on the body camera footage saying that he can’t breathe.

When EMTs arrived at the scene, he was administered a shot of 500 milligrams of ketamine and was then loaded on an ambulance, where he had a heart attack, officials said.

Elijah McClain went into cardiac arrest. The incident led to his death on Aug. 30, three days after doctors pronounced him brain dead and he was removed from life support, officials said. The Adams County coroner ruled the cause of McClain’s death to be undetermined.

Initially, no charges were brought against the officers involved in the incident.

However, in January, Colorado Attorney General Phil Weiser launched a grand jury probe into Elijah McClain’s death. In September, a state grand jury returned a 32-count indictment against the three officers — Nathan Woodyard, Jason Rosenblatt and Randy Roedema — and two paramedics — Jeremy Cooper and Peter Cichuniec — in the case, charging them with manslaughter and criminally negligent homicide, among other charges.

Sheneen McClain called the charges “a step toward justice” at the time.

“I’m still praying for them to be in prison. My son’s murderers and their accomplices all need to be in prison for what they did to him,” she told ABC News. “They had no right to stop him. They had no right to handcuff him, brutalize and terrorize him, or inject him with ketamine.”

The Aurora Police Association Board of Directors defended the officers following the indictment, saying in a statement, “There is no evidence that APD officers caused his death. The hysterical overreaction to this case has severely damaged the police department.”

Aurora Police Chief Vanessa Wilson and Aurora Fire Rescue Chief Fernando Gray both said that each of their departments will continue to cooperate as the judicial process moves forward.

Last month, the Colorado attorney general issued a report following a 14-month probe into the actions of the Aurora Police Department in the wake of Elijah McClain’s death and found the department had a pattern of racial bias, as well as excessive force.

The report also found Aurora Police arrested people of color “1.3 times more than whites based on population percentage alone.”

The AG office recommended changes to policies, training, record-keeping and hiring as a result of the report.

ABC News’ Ivan Pereira, Sabina Ghebremedhin, Deena Zaru and Courtney Condron contributed to this report.

Why breakthrough COVID deaths can be misunderstood

October 19, 2021 by WDNY Radio

(NEW YORK) — The death of former Secretary of State Colin Powell due to COVID-19 complications has sparked conversations about breakthrough deaths among vaccinated individuals.

It would be inaccurate, however, to jump to any conclusions about vaccine effectiveness from a single breakthrough death such as Powell’s, who was 84 years old, immunocompromised and being treated for multiple myeloma, a blood-borne cancer that “in and of itself can lead to compromised immunity,” Dr. Todd Ellerin, director of infectious diseases at the South Shore Medical Center in Massachusetts, told ABC News.

In a statement, Dr. Paul Richardson, the director of clinical research at the Jerome Lipper Multiple Myeloma Center at the Dana-Farber Cancer Institute, said myeloma patients are “not only vulnerable to infection but once infected, they are more prone to serious complications including vascular effects and profound immune dysfunction.”

Dr. Craig Devoe, chief of medical oncology and hematology at Northwell Health in New York, said that myeloma doesn’t just put patients at a higher risk of severe illness but could have also put their immune system at a disadvantage for fighting off COVID-19 even when fully vaccinated “because both the disease and the treatment itself are highly immunosuppressive.”

According to his spokesperson, Powell was fully vaccinated and was being treated for myeloma, which is not curable. He had also recently been diagnosed with Parkinson’s disease, which can itself be debilitating depending on the stage.

According to the Centers for Disease Control and Prevention, there have been roughly 7,000 breakthrough deaths among the 187 million vaccinated Americans, with more than 6,000 over the age of 65 in contrast to the more than 700,000 COVID-19 deaths among the unvaccinated.

“Without question, we can expect deaths,” Ellerin said. “It is much more common in those unvaccinated than vaccinated. But we are seeing breakthrough vaccine deaths, especially in the elderly — patients in their 80s and older — or those who are immunocompromised.”

No one who receives a COVID-19 vaccine is 100% protected from death, but the vaccines have shown to be extremely effective at lowering the risk of getting the disease.

The CDC recently updated its website with data illustrating the fact that vaccines are still dramatically reducing the risk of testing positive or dying of COVID-19 amid the latest delta surge. While there has been a slight uptick in COVID-19 cases and deaths since July 2021, the increase is more pronounced among unvaccinated individuals.

In August, unvaccinated people were 6.1 times more at risk of testing positive for COVID-19 and 11.3 times more likely to die from COVID-19 compared to vaccinated individuals, according to federal data pulled from 16 states and jurisdictions.

“[A breakthrough vaccine death] is not an argument for ‘don’t get your vaccine,'” Ellerin said. “That is an argument for ‘get your vaccine because that’s the best way of reducing your likelihood of death.'”

Additionally, when broken down by age, death rates in every age group were higher among the unvaccinated populations. Older Americans (80+) had the highest rate of deaths among fully vaccinated people per capita, though their risk of death was about 5.7 times lower than their unvaccinated counterparts in the same age group.

Among the breakthrough deaths, the U.S. is currently seeing what Ellerin labels “a precarious triangle” of risk factors — old age, underlying diseases that lead to immunocompromisation and treatments for those diseases — which make individuals more susceptible to severe COVID-19 infection.

Vaccinated people who fall into the intersection of these risk areas should also prioritize non-pharmaceutical interventions, such as masking when indoors and optimizing ventilation, experts say.

Dr. Edward Stadtmauer, director of the myeloma program at the University of Pennsylvania, told ABC News that the best way for cancer patients to prevent COVID-19 infection or limit its severity is to get vaccinated.

“If you have abnormal plasma cells to begin with or are getting therapy that might suppress or damage plasma cells, you can see why that this group of patients may have the most difficulty responding to a COVID infection and responding to vaccines,” he said.

Stadtmauer said he is seeing about 70% of patients with myeloma generate COVID-19 neutralizing antibodies after vaccination.

“If there is any group of patients who should be vaccinated and get a booster, it is this group of patients,” he said.

The Food and Drug Administration on Sept. 22 authorized Pfizer COVID-19 vaccine boosters for people 65 years and older and those at risk. Powell himself was due for the booster shot the same week he fell ill with COVID-19, his spokesperson said.

“None of these are perfect strategies, but you have the best chance of survival,” Ellerin said.

The misuse of the news of Powell’s death to spread misinformation about vaccine failure and discourage individuals from getting vaccinated can be harmful to those immunocompromised, according to experts, who say that in order to protect those with underlying diseases, it is imperative that everyone around them gets vaccinated to curb the spread of COVID-19.

“Hopefully his life and the fact that he believed in vaccination can be a catalyst for many others to get it,” Ellerin said.

DNA evidence from decades-old unsolved child murders heading to private lab

October 19, 2021 by WDNY Radio

(ATLANTA) — Police are taking DNA evidence from decades-old unsolved child murder cases to a private lab in Utah in the hopes of finding “concrete answers for the families,” Atlanta’s mayor said.

From 1979 to 1981, at least 29 Black people, mostly kids and adolescents, were killed in the Atlanta area, according to the mayor’s office. The first two victims were a 14-year-old boy and a 13-year-old boy who vanished within days of each other, the mayor’s office said.

The slayings became known as the “Atlanta Child Murders.”

Wayne Williams was long been considered the suspect but was never convicted in the cases, ABC Atlanta affiliate WSB-TV reported. In 1982, Williams was convicted of killing two adults and he’s currently incarcerated, according to WSB-TV.

This week, investigators are taking the evidence to a private lab in Salt Lake City “that specializes in analyzing deteriorated DNA,” Atlanta police said.

“Considering the emergence of new science and technology related to DNA testing, the Atlanta Police Department realized an opportunity to re-evaluate evidence from the Atlanta Child Murders case,” police said in a statement Tuesday. “As with all murder cases, our investigators dedicate countless hours of time and energy to successfully solve cases and bring some sense of closure to victims’ relatives.”

Atlanta Mayor Keisha Lance Bottoms tweeted, “It is my sincere hope that there will be concrete answers for the families.”

NYPD officers face discipline due to alleged Black Lives Matter protest misconduct

October 19, 2021 by WDNY Radio

(NEW YORK) — The NYPD’s oversight agency has recommended the department discipline 65 officers who are accused of misconduct during last year’s anti-racism protests.

The New York City Civilian Complaint Review Board received over 750 complaints concerning alleged NYPD officer conduct following the Black Lives Matter demonstrations during summer 2020, according to the agency. Only 313 complaints fell within the board’s jurisdiction.

It found 42 substantiated complaints of misconduct concerning 65 officers.

The board recommended serving charges against officers in 37 complaints, Command Discipline B in 11 complaints, and Command Discipline A in 19 complaints.

The recommended disciplinary actions are the most severe forms of punishment against NYPD officers. According to the CCRB website, charges prompt an administrative trial that may lead to lost vacation time, suspension or termination.

Command disciplines are recommended for misconduct that does not rise to the level of charges, but is emblematic of an issue more severe than poor training, according to the board. An officer can lose up to 10 vacation days as a result of a Command Discipline — Schedule B is the more serious of the command disciplines.

CCRB review states that there have been challenges in the investigation “due to the failure to follow proper protocols, officers covering their names and shield, officers wearing protective equipment that did not belong to them, the lack of proper use of body-worn cameras, as well as incomplete and severely delayed paperwork.”

An NYPD spokesperson told ABC News that the department has assisted the CCRB in its investigations by providing body camera footage and “thousands of pages of records.”

“The NYPD has made significant strides and continues to work toward making our discipline processes transparent,” Deputy Commissioner Public Information spokesperson Sergeant Edward Riley said in a statement to ABC News. “Like any citizen, police officers should be afforded a presumption of innocence until and unless proven guilty.”

Any discipline as a result of an NYPD administrative trial will be made public in the NYPD’s online discipline database, according to Riley.

In January, New York Attorney General Letitia James also filed a lawsuit against the NYPD over its handling of anti-racism protests across New York City, accusing the department of failing to address issues of abuse of power against civilians.

NYPD Deputy Commissioner John Miller told reporters at the time that the lawsuit “doesn’t seem to meet the standard of a federal monitor. It doesn’t seem to illustrate a pattern of practice, which is required under the law … But we will, as with most civil lawsuits, address those assertions in court.”

Supply chain questions answered, plus tips and solutions for smart shopping

October 19, 2021 by WDNY Radio

(NEW YORK) — The strained supply chain and worldwide shipping crunch has had an impact on everything from holiday shopping to every day goods and services.

Good Morning America assembled an expert panel to explain what’s happening and shopping strategies to know.

ABC News’ chief business correspondent Rebecca Jarvis, ABC News’ consumer correspondent Becky Worley and GMA e-commerce editor Tory Johnson answer questions related to the supply issue and offer shopping tips for the holiday season.

What’s causing the issue?

“This goes back a long time — back to the beginning of the pandemic when everything shut down,” Jarvis said. “Factories all over the world weren’t working, but Americans were sitting on their couches and started shopping and they started buying so much stuff. Suddenly there was this giant backlog because factories hadn’t created items, people weren’t working, there weren’t enough people to bring the items to our homes.”

“Now we find ourselves in the most important season of all — holiday shopping season when we buy more ever and not enough stuff has been created. It’s sitting in those backlogs and you see those cargo ships — it’s waiting to get into stores and there isn’t enough of it as it stands,” she continued.

What should consumers expect moving forward?

Some retailers like Costco and Home Depot have comissioned their own cargo ships, but Jarvis explained that medium and smaller comanies don’t have that same level of control.

“They’re getting cancellations for orders that were supposed to come in November. They’re being told it’s not coming until February,” she said of many orders that consumers hoped to have in time for Christmas.

What can shoppers do as we head into the holidays?

Worley said to “start with how you find it.”

“Many big chains like Best Buy, Target, they may be sold out of an item online, but remember that’s the stock they have in their online warehouse,” she said. “Every store is a mini- warehouse. So the item you want could be sitting on a shelf.”

Worley suggested using website tools like “pickup in store” and change the location to see if it’s available anywhere around you. “But one big caveat before you drive a long distance, call to make sure the item is actually there — trust but verify.”

Any items easier to get than others?

“This time of year it’s all about tech,” she said, and that anything with a computer chip,”has been harder to find.”

Worley also advises using apps that check stock from big stores such as the HotStock app, which is advertised as able to seek out prouct availability in real-time.

Shop small and local

Johnson offered a handful of tips for small business operators to be ready for more business and also protect themselves from the same supply issues.

Communicate with all partners with up to date information
Share up-to-date status reports
Make contingency plans
Try local pop-ups, trunk shows and holiday markets to move merchandise
Partner with complementary brands for cross-promotion and marketing opportunities
Leverage social media and e-commerce tools to sell direct to consumers

Pete Buttigieg responds to paternity leave criticism as Congress weighs national paid leave

October 19, 2021 by WDNY Radio

(WASHINGTON) — U.S. Secretary of Transportation Pete Buttigieg has spoken out about his decision to take paternity leave after the birth of his twins, calling it “important work.”

The comments from Buttigieg come after Fox News’ Tucker Carlson and other prominent conservatives mocked Buttigieg’s decision to take time off to care for his newborn twins.

“Pete Buttigieg has been on leave from his job since August after adopting a child,” Carlson said in a segment last week on Tucker Carlson Tonight. “Paternity leave, they call it, trying to figure out how to breastfeed. No word on how that went.”

Buttigieg, who welcomed twins Joseph and Penelope with his husband Chasten in August, said Sunday he is “not going to apologize” for taking time away from his job for his family.

“As you might imagine, we’re bottle feeding and doing it at all hours of the day and night,” Buttigieg said on CNN when asked about Carlson’s comments. “I’m not going to apologize to Tucker Carlson or anyone else for taking care of my premature newborn infant twins. The work that we are doing is joyful, fulfilling, wonderful work. It’s important work.”

Buttigieg’s paid leave after the birth of his twins came at the same time as the Biden administration’s infrastructure package was being debated in Congress, an absence that sparked Carlson’s criticism.

A Department of Transportation spokesperson told ABC News that for the first four weeks after the birth of his children, Buttigieg was “mostly offline except for major agency decisions and matters that could not be delegated.”

“He has been ramping up activities since then,” said the spokesperson, adding the secretary will “continue to take some time over the coming weeks to support his husband and take care of his new children.”

“The Secretary feels fortunate and grateful to be able to take time to focus on his responsibilities as a father, and believes all American parents deserve the same,” the spokesperson said in a statement. “The president’s Build Back Better vision calls for paid family leave for all Americans, and the Secretary now brings new perspective to his efforts to push for the Biden-Harris Administration’s push to ensure every American has access to paid leave.”

The Biden administration’s Build Back Better Act, a $3.5 trillion human infrastructure package, includes a provision that would give all workers up to 12 weeks of paid family and medical leave.

If the provision remains in the bill, which has not yet passed Congress, it would take the U.S. out of the small pool of countries that do not currently guarantee paid leave.

Advocates of paid paternity leave point to research showing its success in not only helping fathers bond with their children, but also in creating long-term economic stability for families and in helping foster an equal balance of parenting duties between partners from the start.

Criticisms of paternity leave, like those Buttigieg faced, show the stigma that still remains in the United States around men taking time off work to care for their children, according to Molly Day, executive director of PL+US (Paid Leave for the United States), an organization advocating for paid family and medical leave by 2022.

“I think that the stigma around paternity leave is to a certain extent, unsurprising, because we’ve really failed to teach men and boys caregiving skills as a society,” said Day. “Now we are finally starting to see through a generation of men who are stepping into roles of dad who are increasingly unwilling to give up that opportunity and responsibility to care for their loved ones.”

Day described the U.S. as currently being at an “inflection point” in that there is overwhelming public support for paid family leave, but there is also a lack of access, which adds to the stigma around men taking paternity leave.

Just 13% of employees in the U.S. work in a job where paid paternity leave is offered to all male workers, according to Day.

Among those who have access to paid leave, the median length of paternity leave for dads in the U.S. is one week, according to Pew Research Center data.

“Caregiving is still dominated disproportionately by women, but at the same time, there are structural things that have reinforced that,” Day said. “We do not have a national paid family and medical leave policy that ensures that people can care for their families without having to worry how they’re going to pay their monthly bills.”

Under current U.S. policy, the Family and Medical Leave Act, employees who qualify can take time off to care for a newborn or loved one or recover from illness without fear of losing their job, but in most cases the leave is unpaid.

Only 27% of private industry workers currently have access to paid family leave, according to the Bureau of Labor Statistics.

Federal employees are now entitled to 12 weeks of paid parental leave per year, but, as a cabinet member, Buttigieg’s leave was approved by the White House.

White House Press Secretary Jen Psaki described Buttigieg in a tweet as a “role model on the importance of paid leave for new parents.”

Paternity leave advocates said the examples set by Buttigieg and other prominent leaders like Reddit co-founder Alexis Ohanian, a vocal advocate for paternity leave, are important.

“As unfortunate as Tucker Carlson’s comments were, at the end of the day, I hope what people take away from this is that men at the peak of their professional careers can and should take the time to care for their families,” Day said. “I hope this moment is a powerful and poignant call to action for our legislators and wake-up moment to families of what they deserve and what we need.”

Trump sues to block release of Jan. 6 records to Congress

October 19, 2021 by WDNY Radio

(WASHINGTON) — Former President Donald Trump filed a lawsuit Monday against the Jan. 6 select committee and the National Archives as he seeks to block the release of presidential records related to his communications around the insurrection.

In the lawsuit, Trump’s attorney Jesse Binnall argues the committee “has decided to harass President Trump … by sending an illegal, unfounded, and overbroad records request to the Archivist of the United States.”

Binnall also accuses President Joe Biden of engaging in “a political ploy to accommodate his partisan allies” by refusing to block the release of Trump’s records to the Jan. 6 committee.

“The Committee’s request amounts to nothing less than a vexatious, illegal fishing expedition openly endorsed by Biden and designed to unconstitutionally investigate President Trump and his administration. Our laws do not permit such an impulsive, egregious action against a former President and his close advisors,” Binnall writes.

The lawsuit asks that the district court “invalidate the Committee’s requests” and enjoin the National Archives from turning over the records.

“At a bare minimum, the Court should enjoin the Archivist from producing any potentially privileged records until President Trump is able to conduct a full privilege review of all of the requested materials.”

The lawsuit could set up a contentious fight with potentially significant ramifications for both the work of the Jan. 6 committee investigating the Capitol assault and the ability for other former presidents to assert executive privilege over records from their administrations.

Earlier this month, Biden ordered the National Archives to release records identified by the select committee that Trump had sought to classify as privileged communications. In a letter to Archivist David Ferriero, White House counsel Dana Remus said the materials should be handed over within 30 days of notification to Trump, “absent any intervening court order.”

“President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents,” Remus wrote. “These are unique and extraordinary circumstances. Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the President’s constitutional responsibilities.”

While the Supreme Court following the Nixon administration previously ruled that former presidents should have some role in deciding whether their presidential records should be released, that precedent has so far not been tested when a current administration opts to deny the former president’s privilege assertions.

“The former President’s clear objective is to stop the Select Committee from getting to the facts about January 6th and his lawsuit is nothing more than an attempt to delay and obstruct our probe. Precedent and law are on our side. Executive privilege is not absolute and President Biden has so far declined to invoke that privilege,” Reps. Liz Cheney, R-Wyo., and Bennie Thompson, D-Miss., said in a statement Monday night. “Additionally, there’s a long history of the White House accommodating congressional investigative requests when the public interest outweighs other concerns. It’s hard to imagine a more compelling public interest than trying to get answers about an attack on our democracy and an attempt to overturn the results of an election.”

“The Select Committee’s authority to seek these records is clear. We’ll fight the former President’s attempt to obstruct our investigation while we continue to push ahead successfully with our probe on a number of other fronts,” Cheney and Thompson added.

Trump sits for deposition in lawsuit brought by demonstrators alleging assault

October 19, 2021 by WDNY Radio

(NEW YORK) — Former President Donald Trump sat for a deposition Monday at Trump Tower in New York City that lasted “several hours,” said an attorney for the plaintiffs suing him over an alleged assault.

“The deposition of Donald John Trump went not unlike any other deposition, any other employer that I’ve examined under oath,” the attorney, Benjamin Dictor, said.

The lawsuit stems from a 2015 protest outside Trump Tower that followed then-candidate Trump’s comments that Mexican immigrants were criminals and rapists.

A demonstrator, Efrain Galicia, was “violently attacked” by Trump’s security personnel as he attempted to retrieve a sign that security had confiscated, the attorney said.

“Mr. Trump is responsible for those actions,” Dictor said Monday after the deposition. “The public sidewalks are sacred.”

“Rather than protest peacefully, the plaintiffs intentionally sought to rile up a crowd by blocking the entrance to Trump Tower on 5th Avenue, in the middle of the day, wearing Ku Klux Klan robes and hoods,” Trump said in a statement released following the deposition. “When security tried to deescalate the situation, they were unfortunately met with taunts and violence from the plaintiffs themselves. Seeing this for what it is, prior to my deposition today, the Court dismissed almost all of the plaintiffs’ claims — except for a baseless claim for injuries they never suffered, and the temporary loss of a worthless cardboard sign which was soon thereafter returned to them.”

“After years of litigation, I was pleased to have had the opportunity to tell my side of this ridiculous story,” Trump said in his statement.

Monday’s deposition began at 10 a.m. and Trump “answered questions for several hours with his lawyer present,” Dictor said.

Dictor said he looked forward to presenting Trump’s sworn testimony to a jury as soon as possible.

Dictor declined to describe specific answers the former president gave to specific questions. However when asked to describe the deposition, Dictor said, “You all have seen the president for many years on the news, almost every night for five or six years now. The president was exactly as you would expect him to be.”

“He answered questions the way you would expect Mr. Trump to answer questions, and conducted himself in a manner you would expect Mr. Trump to conduct himself,” the attorney said.

COVID-19 updates: FDA may allow mixed boosters: Source

October 18, 2021 by WDNY Radio

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

More than 722,000 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 66.5% 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 18, 7:19 pm
FDA may allow mixed boosters: Source

The U.S. Food and Drug Administration is considering allowing Americans to receive a booster shots from a different brand than their original shots, a source familiar with the agency’s planning told ABC News Monday.

The New York Times first reported the proposal Monday evening.

The FDA is moving toward recommending people get boosters that match their original doses — from the Pfizer or Moderna or Johnson & Johnson — but the agency may also allow health care providers to give certain patients boosters that do not match their initial doses, the source said.

An advisory committee of the Centers for Disease Control and Prevention is slated to discuss boosters this week and could issue recommendations for boosters by the end of the week.

ABC News’ Eric Strauss

Oct 18, 6:11 pm
New Mexico enacts crisis of standard care

New Mexico’s growing coronavirus hospitalization has forced the state to enact a crisis of standard care, the state’s health department announced Monday.

“In particular, the volume of COVID-19 patients – almost all of whom are unvaccinated – have exacerbated existing staffing and other resource shortages,” the health department said in a news release.

Medical facilities statewide must now use a “more standardized and equitable procedure,” before deciding who gets care and temporarily suspend procedures that are not medically necessary, according to the health department.

More details on the crisis of standard care will be revealed later this week, the health department said.

ABC News’ Jennifer Watts

Oct 18, 5:31 pm
99% of Seattle public employees complied with city’s vaccine mandate

Just hours before the midnight deadline for its public employee vaccine mandate, the city of Seattle revealed Monday that 99% of its 11,000 employees have complied with the order.

Approximately 150 public employees had yet to submit documents showing their vaccination status as of Monday evening, according to city officials. About 5% of public employees were granted exemption, the city said.

When it came to specific departments, the city said 91% of Seattle Police Department employees were vaccinated and 7% received exemptions. As of Monday evening, 24 Seattle PD employees (2% of the department) did not submit vaccination documents to the city, according to officials.

The Seattle Fire Department reported 93% of its employees complied with the vaccine mandate and 6% received exemptions, the city said. As of Monday evening, 16 Seattle Fire employees (1% of the department) did not submit their vaccination documents, according to city officials.

ABC News’ Matthew Fuhrman

Oct 18, 3:24 pm
CDC now counts those with AstraZeneca, Novavax shots as ‘fully vaccinated’

The Centers for Disease Control and Prevention updated its definition of what it means to be “fully vaccinated” to include people who got the AstraZeneca and Novavax doses in clinical trials.

A person also should be considered fully immunized even if they mix their vaccines, the CDC announced Monday.

In general, people are considered fully vaccinated two weeks after their second dose in a two-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or two weeks after a single-dose vaccine, such as Johnson & Johnson’s vaccine

The new guidance applies to COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration — Pfizer-BioNTech, Moderna, and Johnson & Johnson — and can be applied to COVID-19 vaccines that have been listed for emergency use by the World Health Organization, such as AstraZeneca and Oxford.

The CDC is not recommending vaccines that are not FDA-authorized and has not yet made a decision on official guidelines for mixing doses.

The new guidance on interpreting vaccine records does not impact CDC recommendations on primary series vaccination and should not guide clinical practice, according to the CDC.

ABC News’ Anne Flaherty

Key takeaways from trial of 3 men in Ahmaud Arbery killing: Day 1

October 18, 2021 by WDNY Radio

(GLYNN COUNTY, Ga.) — As the trial of three white Georgia men charged with the 2020 murder of Ahmaud Arbery got underway Monday with jury selection, Arbery’s father said he is “focused on justice.”

The first group of prospective jurors was called to the Glynn County, Georgia, Courthouse to begin the arduous task of selecting a panel to hear evidence in the case.

Arbery’s family and their attorneys said they are not taking anything for granted.

“It is a lived experience for Black people in America that we can never take for granted that a white person will be convicted for killing a Black person, no matter how much evidence we have,” Ben Crump, one of the Arbery family’s attorneys, said during a news conference outside the courthouse in Brunswick, Georgia.

‘I know my son was lynched’

Arbery’s father, Marcus Arbery Sr., said he and his family are relying on the prayers of supporters from across the nation to get them through the trial that the lead prosecutor said could take until Nov. 19 to complete.

“I’m focused on justice,” Arbery Sr. said. “I know my son was lynched, lynched by a white mob.”

The three defendants are Gregory McMichael, 65, a retired police officer, his son, Travis McMichael, 35, and their neighbor, William “Roddie” Bryan, 52.

All three defendants have pleaded not guilty to charges of murder, aggravated assault, false imprisonment and criminal attempt to commit false imprisonment stemming from the Feb. 23, 2020, fatal shooting of Arbery in the unincorporated Satilla Shores neighborhood near Brunswick.

Prosecutors alleged Arbery was jogging through the neighborhood when Gregory McMichael saw him and thought he resembled a burglary suspect seen on a security video posted online by his neighborhood association. Gregory McMichael and his son allegedly armed themselves and with guns, and with the help of Bryan chased down Arbery in their pickup trucks, prosecutors said.

Travis McMichael allegedly shot Arbery three times with a shotgun after he was cornered and began fighting with Travis McMichael in the street. The fatal encounter was partially video recorded by Bryan on his cellphone and is poised to be the most significant piece of evidence prosecutors plan to present to the jury.

The McMichaels are claiming they were exercising their right to make a citizens’ arrest under a state law that was repealed following Arbery’s death. Travis McMichael is also claiming he shot Arbery in self-defense, according to his attorney.

Bryan claims he was just a witness to the incident, according to his lawyer. But prosecutors allege he was an active participant in the pursuit of Arbery and that he attempted to use his truck to block Arbery’s path.

In addition to state charges, all three men have been indicted on federal hate crime charges.

First 600 prospective jurors questioned

About 600 of the 1,000 prospective jurors who received questionnaires in the case were called to the courthouse on Monday to begin voir dire or the process to whittle down prospective the jury pool to 16 impartial people, including four alternates.

About 20 of the would-be jurors spent Monday afternoon answering general questions as a group before lawyers began questioning individual jurors. While Chatham County Superior Court Judge Timothy R. Walmsley, who was appointed to preside over the Glynn County trial, allowed the media to observe and livestream the general questions of the group, he barred cameras from filming questioning of individual prospective jurors.

During the general questioning of the first batch of prospective jurors, 13 of the 20 said they had already formed an opinion on the guilt or innocence of the accused based on pre-trial publicity.

Before the actual questioning of potential jurors began, a hearing was held on what questions prosecutors and defense attorneys will be allowed to asked candidates.

In addition to how much prospective jurors know about the case and whether they can put that aside and decide the case solely on the evidence presented in court, defense attorneys for the McMichaels proposed 30 additional questions. Many of the defense questions pertained to thoughts on racism, the Black Lives Matter movement and whether would-be jurors believe the Confederate flag — which the McMichaels had on their pickup truck — as a symbol of racism.

Linda Dunikowski, the lead prosecutor in the case, objected to more than half of the defense questions, calling them too broad or unrelated to the evidence, including whether prospective jurors supported the Black Lives Matter movement or participated in any social justice demonstrations before or after Arberry’s death.

“That question has absolutely nothing to do with what the defendants did on Feb. 23, 2020, and participating in a constitutionally allowable peaceful assembly about social justice has absolutely nothing to do with these defendants,” Dunikowski said in court.

Walmsley said he’ll allow some of the defense questions, but ruled most of them, including questions on gun ownership, were too broad or would lead prospective jurors to prejudge the evidence.

Walmsley also said he would not allow the attorneys to ask whether the prospective jurors are “concerned about your safety, your reputation, your livelihood if you were to be a juror on this case.” Robert Rubin, an attorney for Travis McMichael, said that was likely the most important question on the list.

“This is a case that has garnered significant attention in this community as well as around the country, and I have no doubt that the 1,000 or so individuals that were summoned when they received that summons, reacted in some way to that,” Walmsley said. “This is not an easy thing for anybody.”

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