Prince Andrew moves to dismiss lawsuit filed by Jeffrey Epstein victim

Prince Andrew moves to dismiss lawsuit filed by Jeffrey Epstein victim
Prince Andrew moves to dismiss lawsuit filed by Jeffrey Epstein victim
iStock/CatEyePerspective

(NEW YORK) — A document Prince Andrew claims should prevent him from being sued by an alleged victim of Jeffrey Epstein was unsealed Monday by a federal judge in New York.

The document, a 2009 settlement agreement between Epstein and Virginia Giuffre, had been under seal for two years as part of related litigation.

It indicates that Giuffre and Epstein agreed to end her lawsuit against him filed earlier that year for $500,000.

Giuffre, who claims she was sexually assaulted by both Epstein and Prince Andrew starting when she was 17, filed a civil lawsuit against the prince in August of 2021.

Prince Andrew has vehemently denied the allegations and said he never had sex with Giuffre and has sought to dismiss the lawsuit, on several grounds, including claims that Giuffre has told various inconsistent stories.

Prince Andrew’s attorneys have also argued the settlement agreement precludes Giuffre from suing the royal because it covers “potential defendants” from all legal actions taken by Giuffre.

Whether that argument will be successful depends on the definition of the agreement’s intended beneficiaries.

According to Giuffre’s 2009 lawsuit, which she filed as “Jane Doe 102,” she alleged that she was required to have sexual contact with Epstein and Ghislaine Maxwell and also several of their adult male friends and associates, “including royalty, politicians, academicians, businessmen, and/or other professional and personal acquaintances.”

The inclusion of the word “royalty” is, in the view of the prince’s attorneys, a clear reference to Prince Andrew, which, they argue, would make him, in effect one of the “potential defendants’ covered by the settlement agreement and is evidence that Giuffre and Epstein intended to release the prince from any future liability.

Giuffre’s lawyer argues the royal was not named in the agreement and could not be released as a beneficiary of the settlement, which defines “second parties” as Epstein’s “agent(s), attorney(s), predecessor(s), successor(s), heir(s), administrator(s), assign(s) and/or employee (s).” That would not appear to qualify Prince Andrew.

On the other hand, the agreement does “forever discharge the said Second Parties and any other person or entity who could have been included as a potential defendant from all, and all manner of, action and actions of Virginia Roberts,” which the prince argues does apply to him as Giuffre had previously claimed, though he continues to deny wrongdoing and that he was one of the perpetrators.

There is a hearing on the prince’s motion to dismiss via video conference Tuesday.

Epstein was a prominent financier and registered sex offender. He died by suicide in a Manhattan federal jail in August 2019 while he awaited trial on federal charges for the sex trafficking on minors in Florida and New York.

Maxwell, Epstein’s former girlfriend and associate, was convicted on Dec. 29 on five of six counts related to the abuse and trafficking of underage girls. Giuffre did not testify in the case, but the government argued she was a victim of an alleged conspiracy to sex traffic individuals under 18.

Maxwell’s sentencing date has not yet been set and she faces decades in prison.

 

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COVID live updates: NY looking at COVID hospitalizations that began for other reasons

COVID live updates: NY looking at COVID hospitalizations that began for other reasons
COVID live updates: NY looking at COVID hospitalizations that began for other reasons
Spencer Platt/Getty Images

(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.4 million people have died from the disease worldwide, including over 826,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.

About 62% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.

Latest headlines:
-New York looking into COVID-19 hospitalizations that began for other reasons
-Surgeon general warns next few weeks ‘will be tough’
-COVID positivity rate at US Capitol reaches 13%
-More than 100,000 Americans are hospitalized with COVID-19
-FDA authorizes Pfizer’s booster shot for 12- to-15-year-olds

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

Jan 03, 4:02 pm
New York looking into COVID-19 hospitalizations that began for other reasons

New York’s hospitals will be required to report a breakdown of how many COVID-19 patients were admitted due to the coronavirus and how many were admitted for other needs and only discovered they were infected during their stays.

During a COVID-19 briefing on Monday, Gov. Kathy Hochul cited anecdotal reports of as many as 50% of patients at some hospitals testing positive for the virus who were actually admitted for other reasons, such as car accidents.

“I just want to always be honest with New Yorkers about how bad this is,” Hochul said. “Yes, the sheer number of people infected are high, but I want to see whether or not the hospitalizations correlate with that.”

She continued, “And I’m anticipating to see that at least a certain percentage overall are not being treated for COVID.”

Hospitals will begin reporting their breakdowns Tuesday, but it’s unclear how soon the data will be publicly available.

ABC News’ Joshua Hoyos and Will McDuffie

Jan 03, 3:11 pm
Surgeon general warns next few weeks ‘will be tough’

U.S. Surgeon General Dr. Vivek Murthy warned that COVID-19 cases and hospitalizations will continue to increase as the omicron variant rapidly spreads across the country.

“The next few weeks are going to be tough for us,” he told ABC’s “The View” on Monday. “We’re already seeing record levels of cases, and we’re seeing hospitalizations starting to tick up. We’re seeing some of our hospital systems getting strained at this point.”

Information from South Africa and the United Kingdom indicates omicron could be less severe than previous COVID-19 variants, Murthy said.

“We’re still going to see a lot of people get sick and a lot of hospitalizations, but the overall severity may end up being significantly lower,” he said.

Murthy said both South Africa and the U.K. “had a very rapid rise, but then they had a very steep fall” in cases

“I’m hoping that that’s what happens here too,” he added.

ABC News’ Joanne Rosa

Jan 03, 2:27 pm
Starbucks says workers must get COVID vaccine or be tested weekly

Starbucks is requiring its 220,000 workers to get the COVID-19 vaccine or be tested weekly, complying with the Biden administration’s vaccine mandate for private businesses.

Employees must reveal their vaccination status by Jan. 10, according to a letter sent Monday by Starbucks Chief Operating Officer John Culver, Reuters first reported.

“This is an important step we can take to help more partners get vaccinated, limit the spread of COVID-19, and create choices that partners can own based on what’s best for them,” Culver wrote.

Workers will have until Feb. 9 to be fully vaccinated.

Those who choose to undergo weekly testing instead will be responsible for obtaining their own tests — which cannot be self-administered or taken at home — and submitting results.

Jan 03, 1:43 pm
COVID positivity rate at US Capitol reaches 13%

The seven-day positivity rate at the U.S. Capitol COVID-19 testing center has increased from 1% to 13%, according to a letter sent from the Office of the Attending Physician to congressional offices on Monday.

Most cases have been breakthroughs among people who are fully vaccinated and have not “led to hospitalizations, serious complications, or deaths, attesting to the value of coronavirus vaccinations,” the letter reads.

The letter also states that about 61% of COVID-19 infections at the Capitol have been linked to the omicron variant, and 38% are linked to the delta variant.

The OAP advised congressional offices to telework as much as possible and that “blue surgical masks, cloth face masks and gaiter masks must be replaced by the more protective KN95 or N95 masks.”

 

Copyright © 2021, ABC Audio. All rights reserved.

Theranos founder Elizabeth Holmes convicted on 4 counts of fraud

Theranos founder Elizabeth Holmes convicted on 4 counts of fraud
Theranos founder Elizabeth Holmes convicted on 4 counts of fraud
iStock/CatEyePerspective

(NEW YORK) — A jury has convicted Theranos founder Elizabeth Holmes on four counts of fraud on their seventh day of deliberations. She was acquitted on another four, and a mistrial was declared on the remaining three counts.

Holmes was found guilty on one count of conspiracy to commit wire fraud against Theranos investors and three other counts of wire fraud against investors. She was acquitted on all four counts of wire fraud against patients. The jury deadlocked on three counts of fraud against investors.

Judge Edward J. Davila, who presided over the trial, is expected to sentence the fallen entrepreneur at a later date. The 37-year-old could face decades behind bars.

Holmes showed no visible emotion as the deputy court clerk read the verdict aloud.

Her ex-boyfriend and former company COO, Ramesh “Sunny” Balwani, who is also her co-defendant in the case, had his trial severed from Holmes earlier this year after learning her lawyers might use abuse claims as part of their defense. He has firmly denied those allegations and is expected to stand trial in February.

Holmes, who had vowed to revolutionize the health care industry with technology that could run any test from a just a few drops of blood, was convicted of defrauding investors, in the rare criminal takedown of a Silicon Valley CEO.

During his rebuttal last week, prosecutor John Bostic told jurors that Holmes’ motive to commit fraud was not to cash in, but to bolster the company she had built.

“She committed these crimes because she was desperate for the company to succeed,” Bostic said.

Holmes conviction comes after the jury in the trial, following over 45 hours of deliberation, said Monday morning that they were “unable to come to a unanimous verdict on three of the counts,” and would need more time to reach a decision.

Davila read the jury a deadlock instruction, reiterated Holmes’ presumption of innocence, and sent the 12 back to the deliberation room to continue weighing the three counts of fraud on which they could not agree.

The jurors are tasked with weighing 11 fraud charges leveled against Holmes following weeks of witness testimony from insiders who worked at the blood-testing startup, and patients and investors who prosecutors say were defrauded by the Theranos founder once lauded as the next Steve Jobs.

Holmes, 37, was initially charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud.

The jury began deliberating on Dec. 20. In the two weeks since, which included some time off for holidays, they have been largely quiet.

Copyright © 2022, ABC Audio. All rights reserved.

Colorado families begin to pick up pieces following winter wildfire

Colorado families begin to pick up pieces following winter wildfire
Colorado families begin to pick up pieces following winter wildfire
iStock/Kamonchai Mattakulphon

(DENVER) — Families and officials in Colorado began returning to their towns that were ravaged by last week’s wildfires.

Gov. Jared Polis said in a news conference Sunday that over 1,000 homes were destroyed in the fires, which started on Thursday, and many more were damaged. The governor didn’t have an exact figure on how many people were affected, but said it was in the “thousands.”

Over the weekend, some families returned home and got a firsthand look at the damage. Burned cars and scorched homes were covered in snow.

“For many, this seems like a surreal experience,” Polis said. “It’s a shock, and the reality hasn’t even set in for a lot of people.”

Polis added that residents will have a long road ahead of them.

As of Sunday afternoon, only two of the 35,000 people who were evacuated from their homes are unaccounted for, according to officials.

One of the missing persons is a woman from Superior, Colorado, who was reported missing by her family, and the other is a man near Marshall, according to the Boulder County Sheriff’s Office.

The sheriff’s office said it has been “a very difficult search” since the locations are still deep in debris and snow.

There were 600 homes without power outside the burn zone as of Sunday, and they are expected to regain power by end of day, the sheriff’s office said. There are 1,000 homes within the burn zone without power, according to the sheriff.

Xcel Energy Colorado said that natural gas service has been restored for 1,200 customers in the Superior and Louisville areas, and more households will see service restored by Tuesday.

Deanne Criswell, director of the Federal Emergency Management Agency and a former Colorado firefighter, surveyed the damage Sunday and reiterated support from the federal government. There were already 100 FEMA agents on the ground in the area, according to Criswell.

“That number will grow over the coming days and weeks,” she said during the news conference.

Polis said abnormal weather was a factor, as dry grassland fueled the fire.

“Most times around Christmas and New Year’s, we would be under 6 inches or a foot of snow,” the governor said.

Polis said historic wind gusts of up to 110 miles per hour caused the fire to spread through several counties.

An official with direct knowledge of the investigation said that as of Monday afternoon, investigators probing the cause of the Marshall Fire have not found any evidence directly tying the fire to an act of arson. “While the FBI has helped in the form of performing interviews and evidence collection, we should not read too far into this at this juncture,” the official said. “The federal criminal investigators have and will take a backseat in this probe until evidence has been found directly tying the cause to criminal arson. The snow on the ground has made the evidence gathering process very slow.”

 

Copyright © 2022, ABC Audio. All rights reserved.

Cheap Trick lines up Las Vegas residency at The STRAT in February and March

Cheap Trick lines up Las Vegas residency at The STRAT in February and March
Cheap Trick lines up Las Vegas residency at The STRAT in February and March
Courtesy of Cheap Trick

Cheap Trick will head to the Las Vegas strip in late winter for a four-show residency at The STRAT Hotel, Casino & SkyPod.

The power-pop legends are scheduled to perform at the complex’s intimate STRAT Theater on February 25 and 26, and March 4 and 5.

Tickets will go on sale to the general public this Thursday, January 6, at 10 a.m. PT at Tickets.TheStrat.com. Members of Cheap Trick’s Trick International fan club can purchase pre-sale tickets now, while members of The STRAT’s free True Rewards program will be able to buy pre-sale tickets starting Tuesday, January 4, at 10 a.m. PT.

In addition, VIP packages are available that will offer a chance to watch Cheap Trick’s private pre-concert soundcheck, a group photo with the band, exclusive Cheap Trick merchandise, a commemorative laminate and early entry into the venue.

“Can’t wait to finally get back out on the road with Cheap Trick,” says founding bassist Tom Petersson. “I hope to see you during our Las Vegas residency at The STRAT. Happy New Year!” Petersson missed most of the band’s 2021 shows after undergoing open-heart surgery last year.

Cheap Trick become the second Rock & Roll Hall of Fame act to schedule a residency at The Strat, following Sammy Hagar‘s “Sammy Hagar & Friends” shows this past October and November.

Prior to their Vegas residency, Cheap Trick will headline the RokIsland Fest 2022 in Key West, Florida, on January 15, and then will play a series of shows in the U.K. and mainland Europe in February.

The band’s ’22 itinerary also includes a Canadian tour opening for ZZ Top in April and May, and a support slot on Rod Stewart‘s lengthy U.S. summer trek. Visit CheapTrick.com for full details.

Copyright © 2022, ABC Audio. All rights reserved.

Baby watch: Eve “can’t believe how soon I’m gonna be meeting this little person”

Baby watch: Eve “can’t believe how soon I’m gonna be meeting this little person”
Baby watch: Eve “can’t believe how soon I’m gonna be meeting this little person”
ABC/Gavin Bond

After years of frustration with fertility issues that prevented her from becoming pregnant, Eve is ecstatic that her first baby is due to be born next month.

“Can’t believe how soon I’m gonna be meeting this little person,” she captioned an Instagram photo of herself posted on Monday that shows her dressed in black as she cradles her baby bump.

Eve’s Queens co-star Brandy commented, “FavEve,” with two hearts and a balloon. Numerous other stars sent congratulations, including Naomi Campbell, who commented, “So thrilled for you @therealeve, there is nothing like it.”

In October, Naturi Naughton and Nadine Velazquez from Queens joined Eve for her baby shower. 

The Grammy winner had become depressed after years of unsuccessfully attempting to get pregnant. In 2020, she had her fibroids removed to improve her chance of becoming a mother.

Eve married British entrepreneur Maximillion Cooper in June 2014 after four years of dating, and she is a stepmom to his four teenage children from his previous marriage — Lotus, 19; Jagger, 17; Cash, 15; and Mini, 13.

Copyright © 2022, ABC Audio. All rights reserved.

Betty White’s rep says actress died of “natural causes”

Betty White’s rep says actress died of “natural causes”
Betty White’s rep says actress died of “natural causes”
RBL/Bauer-Griffin/GC Images

As the entertainment world and her legions of fans mourns the death of Betty White, a rep for the beloved Golden Girls and Mary Tyler Moore Emmy winner has revealed her cause of death on December 31.

Via phone, her close friend and agent Jeff Witjas told ABC News, “My understanding is it was natural causes. She died in her sleep, in her own bed. It’s as simple as that.”

Witjas also maintained, “Betty didn’t have illnesses. She didn’t have anything. People are putting it out there that she had the booster on Dec. 28 and that she had [side] effects. She never had a booster.”

The rep added, “They’re politicizing her death and they shouldn’t do that because she wasn’t that type of person in life.”

Witjas told ABC News that he visited White in her home about a month before she died and found her to be “all there,” albeit physically frail. “We were laughing, her sense of humor was there,” he said.

Meanwhile, tributes continue to mount for the late performer, who would have turned 100 on January 17. Actress Yvette Nicole Brown recently posted to Instagram footage of herself and her Community cast mates belting out Toto‘s “Africa” with White in 2010.

Brown commented that the clip was a video from her old cellphone that she kept private until now. 

“I needed a bit of Betty this early morning so I searched an old computer to find it,” she explained. “After seeing it, I figured you guys might need it too.”

Copyright © 2022, ABC Audio. All rights reserved.

Ben Affleck says his kids were starstruck when they met Taylor Swift

Ben Affleck says his kids were starstruck when they met Taylor Swift
Ben Affleck says his kids were starstruck when they met Taylor Swift
Zhang Hengwei/China News Service/VCG via Getty Images

Kids say the darndest things, but parent Ben Affleck said his children were rendered speechless when he took them to meet their idol, Taylor Swift.

Appearing recently on The Kelly Clarkson Show, Ben swapped stories with Kelly about how they were let down by their normally chatty children.

Kelly recalled how she arranged to have her youngsters River Rose and Remington Alexander meet Aquaman star Jason Momoa.

“My kids, all of a sudden, like the loudest kids on the planet, [would] not speak,” the “Piece by Piece” singer shared, admitting that she was embarrassed by their sudden silence. “I’m like, ‘What’s happening to you right now?'”

Ben said he knew the struggle well, because he was let down by his daughters when they “clam[med] up” around Taylor and only stared at her with wide, unbelieving eyes.

“I was like, ‘We came all the way here!  Say something!’,” he hilariously recalled and mimicked their stunned facial expressions.  He joked that he then assured the “Shake It Off” singer he was not lying about his daughters being huge fans.

Kelly noted that those situations make you “look like a liar,” and joked that she would have told Taylor, “I swear they know your songs!”

Affleck is the father of daughters Violet, 16, and Seraphina Rose, 12, whom he shares with ex Jennifer Garner.  The former couple also have a nine-year-old son together, Samuel.

Copyright © 2022, ABC Audio. All rights reserved.

Protesters call for charges against officer who killed teen in dressing room

Protesters call for charges against officer who killed teen in dressing room
Protesters call for charges against officer who killed teen in dressing room
iStock/Tero Vesalainen

(NEW YORK) — Protesters are calling for the firing or arrest of LAPD Officer William Jones Jr. in the fatal shooting of Valentina Orellana Peralta, a 14-year-old girl who was in a clothing store dressing room when she was killed.

“We cannot allow for these things to go unresolved,” said Chloë Cheyenne, an activist and the CEO of social justice media app COMMUNITYx, who is running the Justice for Valentina website and petition. “Police officers must be held accountable for their bullet.”

Valentina, a Chilean immigrant, was killed on Dec. 23 while shopping with her mother at a Burlington clothing store in North Hollywood, California. She was in a dressing room when Jones opened fire on an assault with a deadly weapon suspect in the store, according to officials.

The wall of the dressing room Peralta was in was behind the suspect when he was shot, police said, adding that Peralta was not in view of officers when the shooting occurred.

Demonstrators, some of whom have experienced police violence within their own families, are demanding justice for Peralta and supporting her family. A petition to get body camera footage and surveillance footage from the incident and to bring charges against Jones has received thousands of signatures.

The LAPD has published 911 calls, radio transmissions, body camera footage and surveillance video from the incident. The department’s policy is to release video of incidents like police shootings within 45 days, but the footage was published just five days after the incident.

“We are really critical of this excess of police culture that makes it OK for officers to shoot and kill Black and brown people and for officers to freely open fire in Black and brown communities in a way that does not happen in white suburban communities?” Cheyenne said, noting that Los Angeles is a predominantly Latino city.

Though some demonstrators are calling for Jones’ arrest, others say that justice should also come by way of police reform and a rethinking of what policing in America should look like.

“I think that to not have a conversation about policing and its actual function in our society, I think would be wrongheaded,” said Albert Corado from the local activist organization, the People’s City Council. “We need to talk about why police are so emboldened to do what they do.”

“They were given military grade equipment, they were given bigger budgets, more oversight and more wiggle room to do whatever they want,” Corado said of police in recent years — before the recent push for police reform.

According to the Los Angeles Times, police in Los Angeles County have killed about 951 people since 2000 — about four people each month, over the last 22 years.

Corado said his sister was killed by police in an incident that mirrors Peralta’s, and that police violence is all too common in the city.

“I went to the first press conference that [Peralta’s family] did and it was a little triggering,” Corado said. “I’m hoping that people now take the outrage they’re feeling and actually transform this.”

In a Dec. 27 statement on the incident, LAPD Chief Michel R. Moore said, “This chaotic incident resulting in the death of an innocent child is tragic and devastating for everyone involved. I am profoundly sorry for the loss of this young girl’s life and I know there are no words that can relieve the unimaginable pain for the family.”

He added, “My commitment is to conduct a thorough, complete and transparent investigation into the circumstances that led up to this tragedy and provide the family and public with as much information as possible.”

Per California law, the California attorney general will be investigating and independently reviewing the officer-involved shooting.

Jones is on paid administrative leave pending the results of the investigation.

The LAPD union, the Los Angeles Police Protective League, said Jones followed procedure, though Tom Saggau, a spokesperson for the Los Angeles Police Protective League, said Peralta’s death was an “absolute, tragic accident.”

“The officer had just completed the mass casualty active shooter training that the LAPD puts on, just a couple of weeks prior to the incident,” said Saggau, who doesn’t believe Jones should be arrested. “He was very much in tune with how and what he was to do, responding to what he believed to be an active shooter.”

Saggau also said that Jones talked openly about his experiences with racism and tackled issues in policing. He started a non-profit called Officers for Change, which donated school supplies from fellow officers.

Jones’ lawyer, Leslie Wilcox, did not immediately respond to ABC News’ request for comment.

The suspect, Daniel Elena Lopez, did not have a gun at the scene, according to officials. He had a metal bike lock that was allegedly used to assault a woman and break glass. According to audio released by the LAPD, several 911 callers told dispatchers that they suspected Lopez had a gun.

The Los Angeles County Medical Examiner-Coroner declared Peralta’s manner of death a homicide, with the cause of death being a gunshot wound to the chest. The suspect, Lopez, was also fatally shot.

“To see a son or daughter die in your arms is one of … the greatest pains and most profound pains that any human being can imagine,” Peralta’s mother, Soledad Peralta, said. “Now, our sweet angel has left us forever. Please give us strength, Valentina.”

The Peralta family is being represented by civil rights attorney Ben Crump, who has also represented the families of Trayvon Martin, George Floyd, Ahmaud Arbery and more.

 

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Machine Gun Kelly planning two albums for 2022

Machine Gun Kelly planning two albums for 2022
Machine Gun Kelly planning two albums for 2022
ABC

Machine Gun Kelly is planning to make it a double for 2022.

In a tweet Sunday, the “Bloody Valentine” rocker revealed he’s planning to release “two albums this year.”

We already know about one of the albums: Born with Horns, Kelly’s second collaboration with Blink-182‘s Travis Barker, following 2020’s Tickets to My Downfall. A title for the second record has yet to be revealed.

Kelly previously hinted that Born with Horns would arrive just as the calendar flipped from 2021 to 2022 when he told NBC’s Sunday Today, “I almost feel like the second you open your eyes and it’s 2022…you’ll have something to listen to.” He finally dispelled that rumor on New Year’s Eve, but didn’t reveal the actual release date.

Born with Horns is set to include the single “Papercuts.”

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