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Prosecutor sues Florida governor over suspension, says 1st Amendment rights violated

August 17, 2022 by WDNY Radio

(WASHINGTON) — The Florida state attorney who was suspended by Gov. Ron DeSantis this month sued the governor on Wednesday, claiming his removal from office violated his First Amendment rights.

The lawsuit, filed in federal court, alleges the Republican governor retaliated against Andrew Warren, the Hillsborough County state attorney, for siding with progressive prosecutors who vowed not to prosecute crimes related to abortion and gender-transition treatments for children.

Warren, a Democrat, has called the suspension “political theater” and has claimed DeSantis suspended him to advance his own career.

Warren’s legal team filed the suit in the U.S. District Court for the Northern District of Florida. They hope a judge will rule to reinstate the twice-elected state attorney, who is the top prosecutor in the Tampa Bay area.

“I have the same first amendment right that everybody else in Florida does,” Warren said at a press conference in Tallahassee on Wednesday morning, adding that the governor’s decision amounted to an abuse of power.

Jean Jaques Cabou, a lawyer for Warren, said at the press conference that the governor had no grounds to oust Warren. He said DeSantis took his client out of office “because of policy differences [and] because the governor would like to do his job differently than Mr. Warren wants to do his job.”

“Those are not bases for which the governor can suspend Warren,” Cabou added.

DeSantis did not immediately respond to ABC News’ request for comment on the lawsuit. After he suspended Warren on Aug. 4, the governor said in a statement that “state attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda.”

The governor also touted his decision to remove Warren from office while on the campaign trail this week.

“Out of 20 elected prosecutors, we found one who decided to put himself above the law, saying he didn’t have to enforce laws that he disagreed with,” he said during a speech in Carlsbad, New Mexico, on Sunday.

Warren has signed two joint statements pledging not to prosecute crimes related to abortion and gender-transition treatments for children. By doing so, DeSantis claims, Warren has neglected his duty and demonstrated incompetence.

DeSantis signed a law in April that bans abortions in Florida after a 15-week gestation period. The law went into effect on July 1, a week after the U.S. Supreme Court overturned Roe v. Wade.

Florida health care providers last week filed a notice of appeal with the state Supreme Court challenging the abortion law. The plaintiffs argue the law violates the state constitution.

There is currently no law in Florida that criminalizes gender-related treatment for minors, although some state legislators have pushed for one. The state’s Agency for Health Care Administration recently passed a rule barring transgender residents from using Medicaid to pay for gender-affirming care.

The governor says Warren’s decision to sign the joint statements, coupled with other decisions Warren has made in his two terms as a state attorney, are sufficient under the Florida Constitution for suspension.

Cabou argues that it’s up to the court to decide whether Warren’s statements meet the criteria for a suspension.

“Just because the governor calls something neglect of duty or the government calls something incompetence doesn’t make it true,” he said.

Scott Stephens, a Florida constitutional law professor and former Hillsborough County circuit judge, told ABC News the court will decide whether Warren’s decision to sign the two letters can be used as evidence that he neglected his duty or is incompetent.

Under Florida law, Warren has the right to a hearing before the state senate to decide whether his suspension was constitutional.

Debbie Brown, the secretary of the Republican-controlled body, sent Warren a letter on Monday to initiate the process for a hearing.

This process is now on hold due to Wednesday’s filing.

5th set of human remains found in receding Lake Mead

August 17, 2022 by WDNY Radio

(LAS VEGAS) — Another set of human remains were found in Lake Mead near Las Vegas, the second time this month that remains have been found in the country’s largest reservoir, officials said Wednesday.

The remains were discovered at Swim Beach in the Lake Mead National Recreation Area around 8:00 p.m. Monday, according to the National Park Service.

With the help of the Las Vegas Metropolitan Police Department’s dive team, park rangers responded and set up a perimeter to retrieve the body, the NPS said.

The Clark County Medical Examiner was contacted and is working to identify the person and discover the cause of death, the park service said.

This is the fifth time since May and the second time this month that human remains have been found in Lake Mead, where water levels are receding at a historic rate.

Lake Mead, formed by the Hoover Dam on the Colorado River, supplies drinking water to millions of people in California, Arizona, Nevada and part of Mexico.

Officials said the water levels are so depleted, they could soon reach “dead pool” status, in which the water is too low to flow downstream to the Hoover Dam. According to the U.S. Bureau of Reclamation, the minimum water surface level needed to generate power at the dam is 1,050 feet.

On May 7, human skeletal remains were found near the lake’s Callville Bay, according to NPS. The discovery came a week after the decayed body of a man was found stuffed in a steel barrel near the reservoir’s Hemenway Fishing Pier, over 20 miles from Callville Bay, according to Las Vegas police.

On July 25 and Aug. 6, human remains were also discovered at Swim Beach.

ABC News’ Bill Hutchinson contributed to this report.

Georgia Gov. Brian Kemp files motion to delay testifying in Fulton County election probe

August 17, 2022 by WDNY Radio

(ATLANTA) — Georgia Gov. Brian Kemp filed a motion on Wednesday looking to delay a subpoena for his testimony in front of the special grand jury as part of the ongoing criminal investigation into efforts to overturn the 2020 election in Fulton County.

In the 121-page motion, Kemp’s legal team pushed back on the subpoena, claiming Fulton County District Attorney Fani Willis “engineered the Governor’s interaction with the investigation to reach a crescendo in the middle of an election cycle.”

In a statement to ABC News, a spokesperson for Kemp noted the proximity to the November midterm elections.

“For more than a year, the Governor’s team has continually expressed his desire to provide a full accounting of his very limited role in the issues being looked at by the special grand jury,” said Katie Byrd, Kemp’s communications director. “We are now just weeks away from the 2022 general election, making it increasingly difficult to dedicate the time necessary to prepare and then appear.”

Kemp’s office said they are asking the judge “to allow the Governor to come in after the November election and direct investigators to work with our legal team to ensure the topics discussed during his appearance remain on his defense of state law and the Constitution in the aftermath of the 2020 election.”

Kemp is currently slated to testify before the special grand jury on Thursday. The Georgia governor is running for reelection against Democratic challenger Stacey Abrams, who lost her bid against Kemp in 2018.

The motion from Kemp follows the news that former President Donald Trump’s personal attorney, Rudy Giuliani, was informed that he is a target of the investigation. Giuliani testified before the special grand jury in Atlanta on Wednesday.

The special grand jury does not have the ability to return an indictment, and can only make recommendations concerning criminal prosecution — a process that’s expected to take months.

Another grand jury would be needed in order to bring any possible charges.

Monkeypox vaccine not ‘a silver bullet’, WHO says, as breakthrough cases emerge

August 17, 2022 by WDNY Radio

(NEW YORK) — As demand for monkeypox vaccines increases, the World Health Organization (WHO) has begun to receive preliminary reports on the efficacy of the shots, which suggests there are breakthrough cases occurring, officials said Wednesday.

“We have known from the beginning that this vaccine would not be a silver bullet, that it would not meet all the expectations that are being put on it, and that we don’t have firm efficacy data or effectiveness data in this context,” officials said during a press conference.

Some of the reports of breakthrough cases have been among people who received a prophylaxis vaccine after exposure.

“The fact we’re beginning to see some breakthrough cases is also really important information because it tells us that the vaccine is not 100% effective in any given circumstance. Whether preventive or post-exposure, we cannot expect 100% effectiveness at the moment based on this emerging information,” officials said.

This occurrence of breakthrough infections is not new, officials noted, explaining that a limited study from the 1980s demonstrated that the vaccines offered about 85% protection against monkeypox.

“[The] vaccine is not a silver bullet,” officials said, “that every person who feels that they’re at risk and wishes to lower their own level of risk [has] many interventions are at their disposal, which includes vaccinations where available, but also includes protection from activities where there may be a risk — reducing [the] number of sex partners, avoiding group sex or casual sex, and, specifically, when a vaccine is, in fact, administered, waiting until that vaccine has the time to produce a maximum immune response.”

Earlier this month, the Biden administration announced it would move forward with a plan to increase the U.S. monkeypox vaccine supply by as much as five times, using an injection method that requires less vaccine per shot.

Across the country, federal data shows that more than 634,000 doses of the JYNNEOS vaccine have been shipped to states and jurisdictions as of Aug. 12.

The number of monkeypox cases identified across the globe continues to grow, with the total jumping by 20% in the last week, according to the WHO.

Globally, more than 38,000 cases of monkeypox have now been confirmed, according to the CDC, including more than 13,500 cases in the U.S.

The majority of cases, in the current monkeypox outbreak, have been detected in gay, bisexual or other men who have sex with men. However, health officials have repeatedly stressed that anyone can contract the virus.

Anne Heche’s death following car crash ruled an accident by coroner

August 17, 2022 by WDNY Radio

(LOS ANGELES) — Anne Heche’s death has been ruled an accident, more than a week after suffering serious injuries in a fiery Los Angeles car crash, city records show.

Heche, 53, died from inhalation and thermal injuries, according to records from the Los Angeles County Department of Medical Examiner-Coroner. She also suffered a sternal fracture due to blunt trauma, the records stated. The day of her death was listed as Aug. 11.

The actress was declared brain dead on the night of Aug. 11 but was kept on life support for organ donation, and her heart was still beating, her representative said. She was peacefully taken off life support on Sunday, her representative said.

Heche was alone in her car on Aug. 5 when she crashed into a home in the Mar Vista neighborhood of Los Angeles, engulfing her car and the house in flames, according to Los Angeles police and fire officials. No one else was injured in the single-car crash, and the home’s resident and her pets were able to escape the blaze unharmed.

She suffered a severe anoxic brain injury and was in a coma in critical condition following the crash, her family and friends said in a statement.

Heche was not expected to survive her injuries, her family said, noting that it “has long been her choice to donate her organs,” her family said.

Results from a blood draw completed after the crash showed Heche had narcotics in her system, but additional tests were being run to determine more about the drugs, and to rule out which ones may have been present based on drugs administered at the hospital, according to the Los Angeles Police Department,

Investigators told ABC News no alcohol was detected in Heche’s blood sample, though the blood draw was many hours after the crash.

LAPD investigators told ABC News on Aug. 12 that the criminal investigation had ended due to the latest developments in her condition.

Heche is survived by her two sons.

“My brother Atlas and I lost our Mom,” her oldest son, Homer, said in a statement Friday. “After six days of almost unbelievable emotional swings, I am left with a deep, wordless sadness. Hopefully my mom is free from pain and beginning to explore what I like to imagine as her eternal freedom.”

“Rest In Peace Mom, I love you,” he said.

ABC News’ Alex Stone and Emily Shapiro contributed to this report.

This is a developing story. Please check back for updates.

Paul McCartney to be featured in episode of ‘Cosmic Kids’ children’s yoga series

August 17, 2022 by WDNY Radio

Paul McCartney will be featured in a new episode of the Cosmic Kids children’s yoga series that premieres on Thursday, August 18, at 9 a.m. ET on YouTube and is inspired by the rock legend’s 2021 children’s book, Grandude’s Green Submarine.

Cosmic Kids is a story-based series that Jaime Amor and her husband, Martin, began in 2012 to teach children yoga and mindfulness. Episodes are available on YouTube and via an app that can be accessed through various streaming devices.

The new episode will offer a kids yoga adventure based on Grandude’s Green Submarine, which tells the story of a grandfather who sets sail with his grandkids, whom he calls his chillers, in his magical submarine on a journey to find his wife, Nandude.

According to a statement promoting the show, the story is a “wonderful celebration of the relationship between kids and their grandparents.”

You can check out a preview of the episode at Macca’s Facebook page.

Grandude’s Green Submarine is a sequel 2019’s Hey Grandude! Both books were written by McCartney and illustrated by Kathryn Durst.

Rick Ross addresses Wingstop violations: “There will be mistakes”

August 17, 2022 by WDNY Radio

Rick Ross is breaking his silence after several of his Wingstop locations were fined for labor law violations.

As reported by XXL, employees at five Wingstop restaurants in Mississippi were illegally forced to foot the bill for background checks, safety training and uniforms, dropping their hourly rates below the $7.25 federal minimum wage. A 15-year-old employee was also revealed to have worked past 10 p.m. on multiple occasions — despite a law that specifically prohibits those under 16 from working after 7 p.m.

The violations subsequently resulted in a fine; Ross’ Boss Wings Enterprises LLC was forced to pay roughly $114,000 “in back wages, liquidated damages and civil penalties” to the Department of Labor’s Wage and Hour Division. The rapper has since taken accountability for the missteps.

“When you’re running a business, there will be mistakes,” Ross said in clips shared on his Instagram Stories. “But as the biggest boss, you never make the same mistake twice. You see, accountability. Taking accountability is big when you the biggest. And remember this, most successful people don’t take stumbling as a set back, but actually a stepping stone to greater things you heard me? Let’s be great. A toast to the hustlers.”

Takeoff’s exclusion from “Bad & Boujee” finally explained

August 17, 2022 by WDNY Radio

Inquiring Migos fans have been wanting to know why Takeoff was the only member without a verse on their hit “Bad & Boujee.” Nearly six years after the song’s release, there is finally an explanation.

In a teaser for the return of Elliott Wilson and Brian “B. Dot” Miller‘s Rap Radar podcast, Quavo chalked Takeoff’s exclusion up to lack of time, as the group was eager to release a new record.

“I just think it was just timing,” he said. “We was just tryna get something out. We was actually pissed off because we ain’t have no music out a couple months before that little wave.”

The group, Huncho added, eventually decided to leak the song on SoundCloud, as they were embroiled in a lawsuit with their former label, 300 Entertainment.

“Bad & Boujee” was released in 2016 and featured a guest verse from Lil Uzi Vert. The song, Quavo revealed, was supposed to be a collaboration solely between Offset and Lil Uzi, but he managed to squeeze in a verse at the last minute.

“I wasn’t even finna be on it. It was gonna be Set and Uzi,” Huncho explained. “I had to do my verse on some quick, fast, rush shit. It was just everybody running to the song and trying to get it done.”

Fortunately, the single performed well, earning Migos a #1 hit, a Grammy nomination and a four-times Platinum certification.

The Rap Radar interview featuring Quavo and Takeoff — also known as Unc & Phew — premieres Thursday. As for Offset, he’s preparing for the release of his new single, “54321,” due out on Friday.

Florida court rules 16-year-old not ‘mature enough’ to get an abortion

August 17, 2022 by WDNY Radio

(NEW YORK) — A Florida appeals court ruled on Monday that a 16-year-old girl was not “mature enough” to decide to terminate her pregnancy.

The decision comes after a circuit judge in northwest Florida ruled that the teen could not get an abortion without notification and consent of a parent or guardian, despite the fact the teen has been found to be “parentless.”

The teen was requesting to bypass the Florida law that requires all individuals in the state under the age of 18 to receive parental consent before obtaining an abortion. At the time of the original hearing, the teen was 10 weeks pregnant, although it is unclear how far along she was at the time of Monday’s decision.

According to the ruling, the teen, unnamed and referred to as Jane Doe 22-B, lives with a relative and has an appointed guardian.

In her initial court filing, the teen said her guardian was “fine” with her pursuing an abortion.

However, Escambia County Circuit Judge Jessica Frydrychowicz denied the bypass request, and a three-judge panel of the 1st District Court of Appeal upheld the decision.

Judges Harvey Jay and Rachel Nordby concurred with the entire decision, holding that the case did not need to be returned to the circuit judge. Judge Scott Makar stood by the decision to block the bypass, but dissented against closing the case, instead asserting that the teen’s request should be returned to the circuit judge for further consideration.

According to Makar’s dissent, the teen is pursuing a GED with “involvement in a program designed to assist young women who have experienced trauma in their lives by providing educational support and counseling.”

The ruling said the teen had endured “renewed trauma” as her friend died shortly before she sought to obtain an abortion.

Makar continued to write that the teen said in a court petition that she was “sufficiently mature” to make a decision about an abortion and was not ready to have a baby, as she did not have a job and the father was unable to assist her.

According to the ruling, the teen came to her circuit hearing with a case worker and a guardian ad-litem child advocate manager. Makar said she had “inexplicably” chosen not to ask for representation by an attorney, which would have been free.

Makar said the trial was conducted admirably, as the trial judge “displayed concern for the minor’s predicament throughout the hearing [and] asked difficult questions of the minor on sensitive personal matters in a compassionate manner.”

However, Makar wrote that the case was a “close call” and that the teen “showed, at times, that she is stable and mature enough to make this decision.”

Makar said in the ruling that the teen had looked into abortion and had gained an understanding of her medical options and their consequences.

The ruling said the court had found that the teen “acknowledges she is not ready for the emotional, physical, or financial responsibility of raising a child” and “has valid concerns about her ability to raise a child.”

Makar, in his dissent, said he believes the trial court wanted to give the teen additional time to deal with her friend’s death before deciding to obtain an abortion, and should be able to return to court to further petition her case.

Florida law bans abortions after 15 weeks, significantly sooner than the 24-week cut off that existed in the state’s laws prior to the overturning of Roe v. Wade in June. The 15-week ban is currently being challenged in state courts.

In the state’s “Parental Notice of and Consent for Abortion Act,” physicians must get written consent from a parent or legal guardian before performing an abortion on a minor. Exceptions are made in medical emergencies or with a waiver from the parents or guardian.

9th child in US tests positive for monkeypox

August 17, 2022 by WDNY Radio

(NEW YORK) — A child in Oregon has tested positive for monkeypox, state health officials announced Wednesday, marking the ninth reported pediatric case in the U.S.

“We have a known connection to a previously diagnosed case,” Dr. Dean Sidelinger, health officer and state epidemiologist at the Oregon Health Authority, said in a press release. “This child did not get the virus at school, child care or another community setting.”

The case has been linked to an adult monkeypox infection that was confirmed last month, officials said, adding that public health authorities received the positive test result on Aug. 15.

Health officials have initiated a case investigation and are conducting contact tracing to determine potential exposures. No additional information on the case will be disclosed at this time, due to patient privacy.

A total of 116 presumptive and confirmed cases of monkeypox have been reported in Oregon, including 112 men and four women.

In total, at least 7 U.S. states and jurisdictions have reported pediatric monkeypox cases.

Earlier this week, health officials in Harris County, Texas, confirmed to ABC News that a presumptive case had been identified in a child under the age of 2.

Officials reported the child has been completely asymptomatic, according to the child’s parents, with no other symptoms other than a residual rash. The child is expected to make a full recovery, and is doing “very, very well,” Harris County Judge Lina Hidalgo said during a press conference on Tuesday.

“I understand that it’s a very scary thing, and parents have concerns, and what we need to make sure is to be vigilant and understand the risks, not assume the worst. But this reminds us that this is very real,” Hidalgo said.

The family has also been fully cooperative, and is assisting with contact tracing, though the child has not been in any day care or school settings. Thus far, no one else in the child’s circle has been identified as positive for monkeypox, according to officials.

How this child contracted monkeypox is still unknown, Hidalgo said.

“I understand this is a very, very worrisome for parents, especially as school is starting back up knowing that a child in our community has now contracted or as a presumptive positive for the monkey pox virus. It opens up a lot of questions about how this is spread. It makes people very worried. It makes things very tangible,” Hidalgo added.

Although this is indeed a “rare” case, Hidalgo noted that “we always knew that any person in this community can contract monkeypox. We knew that it was possible for a child to be exposed. Anyone can get this virus, so this isn’t entirely unexpected.”

The news of the positive pediatric case in Texas comes after a child in Martin County, Florida, tested positive for monkeypox, according to state health data. The child in Florida is between the ages of 0 and 4 years old, according to the state health data.

Officials in Maine also announced Friday that they, too, had confirmed a positive monkeypox case in a child. No further information about the case has been released due to concerns over patient privacy, officials said.

“Maine CDC [Center for Disease Control and Prevention] is working to identify any others who may have been exposed and make vaccination available to close contacts,” officials wrote in a press release.

In addition to the cases in children reported in Maine and Florida, two cases have been confirmed in California, as well another two in Indiana, and a case in a non-U.S. resident reported in Washington, D.C.

The majority of cases in the current monkeypox outbreak have been detected in gay, bisexual or other men who have sex with men. However, health officials have repeatedly stressed that anyone can contract the virus.

The Centers for Disease Control and Prevention has previously warned that there has been some preliminary evidence to suggest that children younger than 8 years old are at risk of developing more severe illness if infected, alongside pregnant people and those who are immunocompromised.

However, last week, in an effort to protect the youngest Americans, the Food and Drug Administration issued an emergency use authorization that allows health care for children under 18 who are at high risk of monkeypox to be vaccinated.

Across the globe, nearly 32,000 cases of monkeypox have now been reported, including nearly 12,000 cases in the U.S. — the most of any country, according to the CDC. All but one U.S. state — Wyoming — have now confirmed at least one positive monkeypox case.

Monkeypox primarily spreads through prolonged skin-to-skin contact with infected people’s lesions or bodily fluids, according to the CDC. In addition to lesions, which can appear like pimples or blisters, the most common symptoms associated with monkeypox are swollen lymph nodes, fever, headache, fatigue and muscle aches.

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