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NTSB chair says unheeded recommendations might have prevented deadly Missouri Amtrak crash

June 29, 2022 by WDNY Radio

(MENDON, Mo.) — Federal investigators are working to determine if an Amtrak train was traveling at a speed limit of 90 mph when it plowed into a dump truck at a Missouri railroad crossing, killing four people and injuring 150, officials said.

Jennifer Homendy, chairman of the National Transportation Safety Board, said she expects investigators to know by the end of Wednesday the exact speed of the train after analyzing information from its event recorder.

“In this area, the speed limit is 90 miles per hour,” Homendy said at a news conference on Tuesday afternoon.

The crash unfolded at 12:43 p.m. Monday, when the Amtrak train — comprised of two locomotives, six coach cars, cafe car and a baggage car — crashed into the rear of a truck hauling aggregate, or crushed rock, to a nearby Army Corps of Engineers project. The collision caused the train to completely derail, sending the locomotive and cars toppling onto their sides, according to the NTSB.

The train was en route from Los Angeles to Chicago with 275 passengers and 12 crew members on board at the time of the crash, Amtrak said. Three people aboard the train were killed and 150 passengers and crew were injured. A person in the dump truck was also killed.

The dead passengers were identified on Wednesday by the Missouri State Highway Patrol as Binh Pham, 82, of Kansas City, Missouri, and Rochelle Cook, 57, and Kim Holsapple, 56, both of Desoto, Kansas. The driver of the dump truck who was killed was identified as Billy Barton II, 53, of Brookfield, Missouri, according to the highway patrol.

Homendy said the crash occurred at what she described as a “passive crossing” that was not controlled by railroad crossing bars, flashing warning lights or bells.

Homendy expressed frustration that NTSB recommendations made as far back as 1998 to upgrade passive crossings to “active crossings” — ones that are controlled by crossing bars, lights and bells — have not been heeded.

“Anytime our recommendations aren’t heeded, of course, I’m upset because we see tragedy after tragedy after tragedy and numerous fatalities and injuries,” Homendy said. “It’s very frustrating for our investigators, very frustrating, when they are on scene and they know what would have prevented this.”

She said the cost of upgrading the crossing grade where the wreck occurred would have cost roughly $400,000.

“I do not have concerns about mechanical failure about the train, any mechanical issues with the train. We do not have concerns about the track,” Homendy said. “Our concerns are very focused on this grade crossing, the approach to the grade crossing and survivability after an accident.”

Homendy said she confirmed with the director of the Missouri Department of Transportation that the crossing was on a list of crossings they wanted to upgrade.

She said the funds to upgrade the crossing would come from Chariton County, the state and the BNSF Railway Co., which owns and operates the track.

However, Homendy noted that there are 3,500 similar passive railroad crossing in the Missouri, or about half of the state’s railroad crossings.

Nationwide, there are 130,000 passive railroad crossings, Homendy said.

The NTSB also recommended in 1998 that roadway vehicles include technology for roadway that could alert drivers of the presence of a train on an approach to a grade crossing.

“We still don’t see action on that. It’s been 24 years and that recommendation is still as important today as it was in 1998. Lives could be saved,” Homendy said.

Mike Spencer, a farmer in the Mendon area, told ABC affiliate station KMBC in Kansas City, Missouri, that he’s warned local officials that the crossing was dangerous, particularly for drivers unfamiliar with the crossing. Spencer said the crossing has a steep incline that rises 6 feet and because the railroad tracks sit at an angle, it’s difficult to see train approaching trains.

Spencer said he was once almost hit by a train at the same crossing.

“I was afraid this was going to happen to somebody that was not really familiar with the crossing and how to approach it,” Spencer said. “It’s just a nightmare. I look at this and I just can’t believe it.”

Spencer said he has been working with the Chariton County commissioners to make some safety changes at the crossing and other and others in the area. He said he thought the changes were going to be made in 2021, but they were put off.

Meanwhile, a law firm announced Wednesday that it has been hired by a Kansas couple who was injured in the crash.

Kristofer Riddle, a partner at the Clifford Law Offices in Chicago, said his firm is launching its own investigation into the crash as part of a pending lawsuit against Amtrak and the company that owned the dump truck involved in the crash.

“Uncontrolled grade crossings are inherently dangerous,” Riddle said in a statement. “Clifford Law Offices will conduct its own investigation into what occurred, but inevitably negligence is involved, and the stakes are very high when a high-speed passenger train is involved.”

Clifford’s law firm was part of a legal team that won a $16.75 lawsuit against Amtrak in a 2017 train derailment in DuPont, Washington, that killed three people and injured 65. The law firm is also suing Amtrak and the BNSF Railway Co. on behalf of 40 passengers injured in 2021 train derailment near Joplin, Montana.

“We continue to receive inquiries from others who were aboard the train in Missouri,” Riddle said. “People want answers, and they deserve answers.”

Outrage after man accused of killing Chinese food delivery worker released on bail

June 29, 2022 by WDNY Radio

(NEW YORK) — The widow of a Chinese food delivery worker who was fatally shot is speaking out after her husband’s alleged killer was released on bail.

Glenn Hirsch, 51, was arrested in New York City on June 1 for the alleged murder of Zhiwen Yan, a Chinese food delivery worker, who was shot in the chest on April 30 while riding his scooter in the neighborhood of Forest Hills, Queens.

A judge ordered Hirsch to be released to home confinement on Monday after posting $500,000 in bail.

“I am devastated and heartbroken that the person who targeted and killed my husband has been released on bail. He is a danger to our community and his presence in the community where I live and work makes me feel unsafe,” Yan’s wife, Eva Zhao, said in a statement obtained by ABC News on Tuesday. “I thank the District Attorney and the police for their efforts in obtaining and enforcing an order of protection for me, and I have faith that we will get justice for my husband, Zhiwen Yan.”

The Queens District Attorney’s Office told ABC News on Wednesday that although prosecutors “asked the court to remand the defendant without bail, the court set bail in a very substantial amount while agreeing to impose conditions we requested, including house arrest and electronic monitoring. Any violation of the terms or conditions could result in bail being revoked.”

The DA’s office added that prosecutors ensured that Hirsch was fitted with an electronic monitoring device prior to his release to home confinement.

Hirsch was arrested earlier this month and charged with 10 counts, the most serious of which is second-degree murder, as well as several counts of criminal possession of a weapon and stalking, according to charging documents obtained by ABC News.

If convicted, Hirsch could face as much as life in prison, according to Queens District Attorney Melinda Katz.

“As alleged, a petty dispute over a take-out order became an obsessive point of contention for the defendant who began to stalk and harass employees at the restaurant for months,” Katz said in a statement on June 2. “The tragic end result was the murder of a hard-working employee, who left behind a devastated family and a grieving community.”

Hirsch pleaded not guilty on June 3 according to New York ABC station WABC. At the time, his attorney told reporters he believes that authorities arrested “the wrong man,” WABC reported.

ABC News has reached out to Hirsch’s attorney, Michael Horn, for additional comment.

Yan, 45, worked at a Chinese restaurant in Queens called The Great Wall for more than 20 years and had three jobs to support his wife and his young daughter, WABC reported in May.

According to prosecutors, the suspect was a customer of The Great Wall who had multiple prior disagreements with the establishment over orders, including a dispute over the amount of duck sauce he received in an order. Hirsch menaced the restaurant manager with a gun and twice vandalized vehicles owned by his staff, police told ABC News.

In one instance, Hirsch arrived at The Great Wall with a gun drawn asking “do you remember me,” and then proceeded to slash the restaurant owner’s tires, according to Katz.

A witness told police that an older model Lexus SUV fled the murder scene, the same type of vehicle driven by Hirsch.

Authorities said in May that the shooter fired several times before fleeing eastbound on 67th Drive in a gray or tan sedan.

Ahead of Hirsch’s release on bail, several New York lawmakers, including Rep. Grace Meng, issued a joint statement on Saturday opposing his potential release and calling it “terrifying and unsettling.”

“Someone who is a clear and present danger should not be released back into the community that still grieves Zhiwen Yan’s death,” the lawmakers said. “We have been in touch with the 112th Precinct to get assurances that Glenn Hirsch’s weapons have been confiscated and won’t be returned to him if bail is granted, that he won’t be able to legally purchase additional firearms, and that his movements will be closely monitored including a ban on going near the Great Wall Restaurant and its delivery zones.”

Hirsch’s wife, Dorothy Hirsch, was arrested on June 3 on weapons charges after authorities seized 8 handguns and ammunition from her home, according to charging documents obtained by ABC News.

Dorothy Hirsch, 62, was charged with several counts of unlawful possession of firearms and is out on $150,000 bail. Her attorney Mark Bederow told ABC News in a phone interview on Wednesday that she pleaded not guilty and her next court date is July 12.

“She is not guilty of knowingly possessing firearms which were found in a closet being utilized by Glenn Hirsch to store his junk in large trash bags and boxes,” Bederow said, adding that while the couple maintained separate residences, the couple was not separated and Glenn Hirsch had a closet at his wife’s apartment.

“She had no knowledge of those items being in the apartment. We believe this is a heavy-handed leverage ploy to gain her cooperation in the case against him which she had nothing to do with,” Bederow added.

Yan’s death came amid a spate of attacks and a rise in hate crimes targeting Asian Americans in New York City and across the nation.

ABC News’ Aaron Katersky and Ahmad Hemingway contributed to this report.

Kevin Bacon, Kyra Sedgwick try ‘Footloose’ dance challenge

June 29, 2022 by WDNY Radio

Kevin Bacon has officially joined in on the TikTok Footloose challenge.

The actor, who played Ren McCormack in the 1984 classic, shared a video of himself trying the viral dance challenge with his wife, actress Kyra Sedgwick, on Tuesday.

“I don’t remember this being part of the original #Footloose choreography but figured we’d give it a spin,” he captioned the clip.

The challenge is set to the film’s theme song of the same name by Kenny Loggins.

It’s unclear when the dance sequence became a popular trend on the platform but fans loved Bacon’s attempt at it.

“Just like that, I’m back in high school in 1984,” one user commented. Bacon himself liked the comment.

Baby neck floats could lead to severe injury, death: FDA

June 29, 2022 by WDNY Radio

(WASHINGTON) — The Food and Drug Administration issued a new alert this week, warning parents not to use baby neck floats on their children, particularly those with special needs, as part of a water therapy program because doing so could be fatal or lead to serious injury.

“Neck floats are inflatable plastic rings that can be worn around a baby’s neck and allow babies to float freely in water,” the FDA explained in a safety communication released Tuesday, adding that they are sometimes marketed for premature babies and babies as young as 2 weeks old, and as water-therapy products.

The FDA also said the “safety and effectiveness of neck floats to build strength, to promote motor development or as a physical therapy tool, have not been established.”

According to the agency, neck floats “as therapy interventions” are especially hazardous for babies with developmental delays; birth defects or genetic disorders, such as cerebral palsy; Down syndrome; spina bifida; or spinal muscular atrophy (SMA) type 1.

“The use of neck floats in babies with special needs can lead to increased risk of neck strain and injury,” the FDA said in a recommendation to parents and caregivers.

The FDA believes injury or death from neck floats is rare but noted that one baby who had been placed in a baby neck float had been hospitalized and another died. It also noted that there may be a chance other cases have gone unreported.

The American Academy of Pediatrics recommends that parents in general avoid using “floaties” or inflatable swimming aids on children as they can provide kids a false sense of security. They also note that floats and swimming aids are not adequate substitutes for life jackets.

“The market will keep coming up with ways to float infants and adults and market them. This is not a lifesaving device, not designed to be. We consistently say anything inflatable is only a toy; and can deflate. No child should be unsupervised or left alone in water, even with a personal flotation device or if wearing a US Coast Guard approved life jacket,” Dr. Linda Quan, an AAP spokesperson, told ABC News in a statement.

The FDA asks individuals to file a report if they know of any baby or individual injured by a neck float through their online voluntary reporting form.

Britney Spears’ lawyer calls Jamie Spears “morally abominable” in latest deposition showdown

June 29, 2022 by WDNY Radio

Britney Spears may have been released from her restrictive 13-year conservatorship, but her legal woes are far from over.

TMZ reports her lawyer, Mathew Rosengart, is butting heads with the pop singer’s father, Jamie Spears. The family patriarch asked a judge to compel his daughter to sit for a deposition. Rosengart says the request was made “shortly after his daughter’s wedding and just before Father’s Day.”

Rosengart argued Jamie’s “shameless” request was out of “revenge,” which he said is “morally abominable.” The attorney admonished, “Mr. Spears refuses to simply go away, as he should and as any decent man or father would do.”

As previously reported, both parties have been wrestling for more than six months to compel both Britney and Jamie to sit for their respective depositions. Jamie’s attorney, Alex Weingarten, previously stated his client would answer Rosengart’s questions — but only if the “Toxic” singer agrees to be deposed by him.

Rosengart previously said he wants Jamie to answer questions — under oath — about alleged financial misconduct during Britney’s conservatorship. Rosengart also wants Jamie to respond to the allegations that he bugged Britney’s bedroom and recorded her private conversations — and paid for it with Britney’s money.

It is not known what questions Britney would be asked should she be deposed. Since her bombshell testimony last June, she leveled numerous and often serious accusations against her family. She called the conservatorship “abusive” and alleged she was forced against her will to take medication, enter a mental health facility and have an IUD contraceptive inserted.

Britney could be compelled to clarify her remarks.

Depositions aside, Britney is also fighting against separate requests from Jamie and her mother, Lynne Spears, to pay their attorney fees. The next major hearing is set for July 27.

Nashville notes: Carly Pearce, Brett Eldredge + more

June 29, 2022 by WDNY Radio

Carly Pearce and Brett Eldredge are on deck to perform during NBC’s Macy’s 4th of July Fireworks for Independence Day. They’re joining an all-genre bill featuring acts like 5 Seconds of Summer, Jaoquina Kalukango, Pitbull and rising country act Filmore.

Speaking of Pitbull and Filmore, the two artists are about to release a new duet called “USA.” The track is due out Friday, just in time for the Fourth of July next week.

Just weeks after revealing his stomach cancer diagnosis, Toby Keith and his team are telling fans to be aware of imposter social media accounts issuing “falsified updates” about the singer’s health. They issued a statement reminding fans to be watchful of fake accounts, especially any account requesting money.

Europe adds visitor fee for US travel next year

June 29, 2022 by WDNY Radio

(WASHINGTON) — As Americans head to crowded airports for a revival of European summer vacations, it looks like next year will be more expensive for those headed to the European Union.

A 7 euro fee, translating to $7.42, is expected to go into effect in May 2023 for foreign visitors aged 18 to 70 years old as part of a new European Travel Information and Authorization System (ETIAS), according to the European Commission.

As part of the system, travelers will have to apply for authorization through the official website or app before their trip abroad.

ETIAS is intended to increase revenue for the EU and to create a central data repository on non-Europeans who visit the area.

“EU Member States’ border management authorities currently have little information about travellers exempt from visa requirements entering the EU,” Frontex, the European Border and Coast Guard Agency who will have a key role in the new system, said in a statement.

“ETIAS will therefore be an important means of addressing this information gap by supporting security screening and risk assessment of travellers, reinforcing the internal security of the Schengen Area,” the agency added.

The European Commission said that ETIAS will be a largely automated system used to identify security, irregular migration or high epidemic risks posed by visa-exempt visitors traveling to the Schengen States, which refers to 26 European countries including France, Italy, Germany and Greece.

ETIAS will also facilitate the crossing of borders for the vast majority of travelers who do not pose the aforementioned risks.

The European Commission said that most travelers who apply for the ETIAS authorization will be approved within minutes. The estimated 5% of travelers who aren’t, the commission said, could receive the travel authorization in up to 30 days.

Once granted, the authorization will be valid for three years or until the expiration date of an individual’s travel document, such as a passport.

The authorization will be checked by border guards along with other travel documents.

ETIAS was first proposed by the European Commission in 2016, and has since faced negotiations within the commission’s legislation. Now, the system will become enacted by mid-2023, the commission said.

“Our police officers and border guards need to have the right tools to do their jobs – keeping our citizens safe and our borders secure. ETIAS will pre-screen visa-free visitors for potential security problems, while the reinforced eu-LISA will allow us to continue to modernise EU-wide information systems for law enforcement and border management,” Commissioner for the Security Union Julian King said following the 2018 agreement by the commission to establish ETIAS.

ETIAS adds to the preexisting Schengen visa system, which did not require such authorization from visitors from at least fifty countries around the world, including the U.S., Canada, Australia and New Zealand.

The European Commission began discussing the new system after it was found that an estimated 30 million visitors came to the EU without being required to have a Schengen visa.

ETIAS has similar characteristics to the United States’ Electronic System for Travel Authorization (ESTA), which is available to travelers from countries granted a Visa Waiver Program.

In May, the fee for ESTA increased from $14 to $21, according to the U.S. Customs and Border Protection.

Airbnb issues permanent global party ban in wake of string of shootings

June 29, 2022 by WDNY Radio

(NEW YORK) — Short-term rental giant Airbnb has issued a permanent global ban on parties following a string of shootings that have broken out nationwide at properties it lists.

The company announced Tuesday that a temporary party ban it enacted in August 2020 over health concerns prompted by the COVID-19 pandemic is being officially codified into its policies.

While the company did not specifically cite the shootings that have occurred during parties at its listed properties, it said in a statement, “Over time, the party ban became much more than a public health measure.”

“It developed into a bedrock community policy to support our Hosts and their neighbors,” Airbnb said in its statement.

The San Francisco-based company said the ban is meant to “deter the very rare cases of Hosts who do not operate responsibly, or guests who try to throw unauthorized parties.”

Airbnb said violations of its party ban will result in “serious consequences” for guests, including suspension of accounts or full removal from the platform.

In 2021, more than 6,600 guests were suspended from Airbnb over violations of its temporary party ban, according to the company.

Airbnb said that after the temporary ban was imposed, reports of parties dropped 44% year-to-year.

“Strong policies must be complemented by strong enforcement,” the company said. “We’ve introduced a number of anti-party measures in recent years to enforce our policy and try, to the best of our ability, to stop both unauthorized parties and chronic party houses.”

Despite the temporary ban, several shootings have occurred at Airbnb rentals across the country.

In April, two teenagers were killed and eight people were wounded when a barrage of 50 gunshots broke out at a Pittsburgh Airbnb rental house, where police said roughly 200 people were having a party. Some escaped the gunfire by jumping out of windows.

Airbnb responded to the Pittsburgh shooting by issuing a lifetime ban against the person who rented the house and filed a lawsuit against them. The company confirmed that an “unauthorized party” was thrown without the knowledge or consent of the house host, who specifically stated in the listing page that no parties were allowed and that any evidence of a party would result in a $500 fee.

The Pittsburgh shooting came just days after a 23-second running gun battle, in which up to 50 shots were fired, erupted during a teenager’s birthday party at an Airbnb rental in Houston that left one person wounded, authorities said.

The Houston incident happened on the same day a shooting occurred at an Airbnb rental house in the Sacramento, California, suburb of Elk Grove that left an 18-year-old man dead, according to the Elk Grove Police Department. Police said the Airbnb rental was being used for a party at the time of the fatal shooting.

On June 11, four men were shot in a drive-by shooting on an Airbnb rental in Detroit that was being used for a bachelor party, police said.

The temporary party ban Airbnb imposed in 2020, also put a cap on the number of people allowed to occupy a home at 16. The company said the new policy removed the occupancy cap on some large homes that have ample room to accommodate 16 or more people, including castles in Europe and beachfront villas in the Caribbean.

“Amazing properties like these thrive on hosting multi-generational family trips and larger groups, and removing this cap is meant to allow those Hosts to responsibly utilize the space in their homes while still complying with our ban on disruptive parties,” Airbnb said. “This decision was made based on feedback from the longstanding and trusted members of our global Host community, and it will take effect in the coming months.”

Report: NeNe Leakes negotiating settlement in racial discrimination lawsuit against Bravo

June 29, 2022 by WDNY Radio

After former Real Housewives of Atlanta star NeNe Leakes filed a racial discrimination suit against the Bravo network and the producers of the show in the spring, she is reportedly negotiating a settlement.

This week, an Atlanta judge granted an extension until August 19 to settle the dispute, according to Page Six.

Leakes, who appeared in 11 seasons of RHOA, filed the lawsuit in April, claiming that she suffered years of racist remarks from former co-star Kim Zolciak-Biermann. The 54-year-old entertainer says that Bravo, NBCUniversal and show executive producer Andy Cohen “fostered a corporate and workplace culture in which racially-insensitive and inappropriate behavior is tolerated — if not, encouraged.”

Leakes also claims that as a result of her lawsuit, she was blacklisted and prevented from working.

As previously reported, NeNe is also facing another legal battle: she is being sued by the estranged wife of her boyfriend, Nyonisela Sioh. Malomine Tehmeh-Sioh alleges that Leakes was having an affair with Nyonisela while he was still married to her and broke up their relationship. Malomine claims she suffered “emotional distress, humiliation and loss of affection.”

Earlier this month, NeNe responded to the lawsuit on Instagram.

“I’m already out here a husband stealer and this is too much. And ain’t nobody out here stealing husbands. Are they? I would never,” she said, before adding, “Nobody wants to steal nobody else’s problems.”

Leakes previously said that Sioh brought joy to her life after the loss of her late husband, Gregg Leakes, who died in September after a battle with colon cancer.

Dermot Kennedy announces new album ‘Sonder,’ releases new song “Dreamer”

June 29, 2022 by WDNY Radio

Irish artist Dermot Kennedy, who’s currently on the road opening for Shawn Mendes on his Wonder tour, has announced details of his second album.

The project, called Sonder, will be out September 23. The title is a term that was coined in the book The Dictionary of Obscure Sorrows, and is defined as “the realization that each random passerby is living a life as vivid and complex as your own.”

In a statement, the “Something to Someone” artist says, “The meaning behind ‘Sonder’ has resonated with me so much for years. I exist in an industry where we’re encouraged to constantly only think about ourselves and I find that exhausting and uninspiring. I want to learn about you.”

He adds, “Let us share all of our triumphs, all of our troubles. Let this music belong to all of us, to find our own stories and our own solace within it.”

Dermot has also released a new song from the project called “Dreamer,” along with a video.

He’ll be on tour with Shawn through August 20. He’ll then play the Life Is Beautiful Festival in Nevada on September 18 and Eddie Vedder‘s Ohana Festival in California on September 30.

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