A US judge ordered Army whistleblower Chelsea Manning released from jail after one year behind bars on contempt charges for refusing to cooperate in a federal grand jury investigation into WikiLeaks. The order for her immediate release came one day after Manning was hospitalized in Virginia after she reportedly attempted suicide at a federal prison in Alexandria.
Judge Anthony J. Trenga wrote, “The court finds Ms. Manning’s appearance before the grand jury is no longer needed, in light of which her detention no longer serves any coercive purpose.” Judge Trenga, however, rejected a request to cancel the fines imposed against Manning for refusing to testify. Manning will now have to pay $256,000.
Manning and her legal team showed that her imprisonment was nothing but punitive, and thus unjustifiable under the legal statutes governing federal grand juries. Yet for nearly a year, Manning has been caged and fined $1,000 per day. Ever since she was subpoenaed to testify before the grand jury, which is investigating WikiLeaks, Manning has also insisted that there was never any justifiable purpose to asking her to testify.
In 2013, Manning was sentenced to 35 years in prison for leaking documents and video to WikiLeaks showing evidence of U.S. war crimes in Iraq and Afghanistan. President Obama granted her clemency in 2017. WikiLeaks founder Julian Assange has been charged in federal court in Alexandria, Virginia for violating the Espionage Act, and is accused of helping Manning try to access the Department of Defense computers. Assange is fighting extradition from London.
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As concerns about the coronavirus rippled across the globe, the US president declared the Covid-19 outbreak a national emergency as public life in America continues to grind to a halt. Schools have closed to millions of students, creating anxiety for working parents across the country. Travel bans have been widened and some cities across America have issued curfews or “shelter in place” orders to slow the spread of the virus. More “shelter in place” orders are expected as the number of confirmed cases continues to rise and has now been found in all 50 states.
Shelter in place orders will come from local government rather than federal. A growing number of countries have also imposed lockdowns that effectively shut down public life, but the details of such lockdowns vary dramatically. Italy banned all public gatherings and set a 6 p.m. curfew but allowed travel for work or health reasons, while in China, millions of residents are restricted from even going to shop for groceries.
The “shelter-in-place” order that San Francisco adopted has fairly large exemptions for health, work, food and even exercise. City officials ordered residents to remain in place at their homes except for essential activities, essential business, and essential government functions, including tasks essential to maintain health and safety, such as obtaining medicine or seeing a doctor or getting necessary services or supplies for themselves or their family or household members, such as getting food and supplies, pet food and supplies necessary for staying at home.
The order also includes:
- Engaging in outdoor activity, such as walking, hiking or running provided that they maintain at least 6 feet of social distancing.
- Caring for a family member in another household.
- Caring for elderly, minors, dependents, people with disabilities or other vulnerable persons.
Treasury Secretary Steven Mnuchin outlined a variety of potential proposals to Senate Republicans as part of a legislative package to help Americans and industries that are reeling from the coronavirus. The administration proposed an initial $250 billion could be sent to Americans as early as the end of April if it can muster congressional approval.
Sen. John Thune noted that getting cash assistance to Americans is something that has historically taken some time, but “I think there are ways now electronically that you can process things more quickly.” The proposal has fairly widespread support from Senate Republicans, who say it will offer immediate assistance to Americans impacted by the virus. Some lawmakers have varying ideas about how the proposal should work, including who should receive the payments and how much each American should get.
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Former billionaire and pharmaceutical executive John Kapoor has been sentenced to five years and six months in prison. His sentencing is the first successful prosecution of a pharmaceutical executive tied to the opioid epidemic. The 76-year-old is the founder of Insys Therapeutics, which made and aggressively marketed the potent opioid painkiller Subsys. Kapoor’s 66-month prison term is substantially less than the 15-year sentence recommended by federal prosecutors, but it is more than the one year requested by his defense attorneys. U.S. District Judge Allison Burroughs explained that she reached the lesser sentence after considering Kapoor’s advanced age and philanthropy, as well as “his central role in the crime.”
Kapoor and four other executives were found guilty last year of orchestrating a criminal conspiracy to bribe doctors to prescribe the company’s medication, including to patients who didn’t need it. They then lied to insurance companies to make sure the costly oral fentanyl spray was covered. The painkiller, which was intended for cancer patients, could cost as much as $19,000 a month. An investigative report found at least 908 deaths in which Subsys is a primary suspect. The company entered into an agreement with the government to settle criminal and civil investigations. Insys admitted to the kickback scheme and agreed to pay $225 million. Shortly after the agreement was announced the company filed for bankruptcy.
Two other executives pled guilty and became cooperating witnesses. Former CEO and President of Insys Therapeutics was sentenced in federal court for bribing practitioners to prescribe Subsys, a fentanyl-based pain medication, often when medically unnecessary. Approved by the FDA only for cancer pain, doctors receiving kickbacks, prescribed the spray for routine back pain, migraines and other ailments.
Michael Babich, 43, of Scottsdale, Ariz., was sentenced to 30 months in prison, three years of supervised release, and ordered to pay restitution and forfeiture to be determined at a later date. In January 2019, Babich pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud and one count of mail fraud, and agreed to cooperate with the government. Insys sales chief Alec Burlakoff was sentenced to 26 months in prison for his role in the bribery and fraud scheme. The sales executive hired a stripper as a Subsys sales representative to help persuade doctors to boost prescriptions. The woman, named Sunrise Lee, eventually was promoted to oversee a third of the company’s sales force. She was sentenced to one year in prison for her role in the scheme.
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On Sunday, January 26th, nine people were killed in a helicopter crash in Casablancas California. The crash claimed the lives of basketball ball legend Kobe Bryant and his 13 year old daughter Gianna. The other crash victims were identified as John Altobelli, 56; Keri Altobelli, 46; Alyssa Altobelli, 13; Sarah Chester, 45; Payton Chester 13, Christina Mauser, 41 and the 50 year old pilot, Ara Zobayan. The private helicopter was headed to the Lady Mambas’ basketball game at Bryant’s Mamba Sports Academy in Thousand Oaks where Gianna was scheduled to play and Kobe scheduled to coach.
Minutes before the crash, the pilot was trying to get special permission to fly though foggy conditions. Just seconds before the crash, the pilot told air traffic control he was trying to avoid a cloud layer. It was the last time anyone on the ground heard from him. While federal investigators try to determine what caused the crash, excerpts of air traffic control recordings will help build a timeline of what happened in the final moments of the Sikorsky S-76B helicopter before it crashed into the hillside. Meanwhile, the nation is mourning alongside the families of those lost in the crash.
Kobe and Vanessa Bryant were married for 19 years before the basketball star’s sudden death. They shared four daughters, Gianna, 13, was the second oldest. Left behind are Natalia Bryant, 17; Bianka Bryant, 3 and Capri Bryant, 7 months old.
Passengers’ relatives and loved ones are telling their stories. Christina Mauser was an assistant basketball coach at Mamba who had been personally selected for the job by Kobe Bryant, her husband, Matt Mauser. Both Matt and Christina were teachers working at a small private school that Bryant’s daughters attended. Christina left behind three children ages 11, 9 and 3.
John Altobelli was a respected baseball coach, a man who treated his players like family and was known as “Coach Alto.” Altobelli’s daughter Alyssa, was best friends with Kobe’s daughter Gianna and also loved playing basketball for the academy. Keri Altobelli was described as a great mom to the couple’s children. They have two surviving children, a daughter Lexi, in high school, and J.J., who is in his 20s. Payton Chester, a 13-year-old basketball player, and her mother, Sarah, were also passengers on the helicopter. They are survived by husband and father Chris and two boys Hayden and Riley, both 16.
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The deadly coronavirus that originated in Wuhan, China less than a month ago, has spread to 13 other countries. It has spread to Australia, Cambodia, Canada, France, Japan, Malaysia, Nepal, Singapore, South Korea, Taiwan, Thailand, the US, and Vietnam. The US now has five confirmed cases of a deadly coronavirus that originated in Wuhan, China, less than a month ago. The confirmed cases in the US are in Washington, Illinois, California and Arizona. Four of the US patients had recently traveled to Wuhan and one was a Wuhan resident traveling through California.
The outbreak has killed 81 people and infected more than 2,800 in mainland China. Authorities have sealed off the city of Wudan, the epicenter of the outbreak. All of Wuhan’s public transportation — including buses, ferries, and trains have been shut down. Trains and airplanes coming in and out of the city were halted and roadblocks were installed to keep taxis and private cars from exiting the city.
The World Health Organization called the lockdown of the city of 11 million people unprecedented. In an effort to contain the outbreak, two smaller Chinese cities, Huanggang and Ezhou, travel restrictions were also imposed. Authorities then expanded the number of cities on lockdown to 10. The lockdown is affecting some 33 million people, as medical workers struggle to slow the spread of a novel strain of coronavirus.
The coronavirus family is a large group of viruses that typically affect the respiratory tract. Coronaviruses can lead to illnesses such as the common cold, pneumonia, and severe acute respiratory syndrome (SARS), which resulted in 8,000 cases and 774 deaths in China from November 2002 to July 2003. Patients with the new coronavirus — known as 2019-nCoV — have reported symptoms like fever, coughing, and difficulty breathing. Those who have died were elderly or otherwise unwell, according to Chinese officials. No deaths have been reported outside China.
Initially, authorities suspected that the coronavirus — which likely originated at a wholesale seafood market — could spread to humans only from animals but it was later determined that humans could transmit the virus to one another. The CDC recommends avoiding all nonessential travel to China’s Hubei province, where Wuhan is. They also recommend that people traveling to China avoid contact with sick people, particularly those with cold symptoms like coughs or runny noses. Travelers are advised to wash their hands frequently with soap and water and scrub for at least 20 seconds. They should refrain from touching their eyes, nose, or mouth with unwashed hands. Elderly travelers and anyone with preexisting health conditions should consult a doctor before traveling to China.
The CDC said the risk in the United States is still low but they are advising precautions and monitoring the situations. All of the US patients who have tested positive for the virus have been isolated and are recovering. The CDC said 32 people who had contact with the US cases have tested negative for the virus and the agency plans to test more people in the coming days.
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Attorney General William Barr is demanding that Apple unlock the phones of the alleged gunman of a deadly shooting at the Naval Air Station in Pensacola, Florida. The request has escalated tensions between the Justice Department and Apple in a legal battle over personal privacy. The FBI identified the gunman, Mohammed Saeed Alshamrani, 21, as the sole shooter.
Barr yesterday declared the shooting “an act of terrorism.” Twenty-one Saudi military cadets who were training in the U.S. are now being expelled from the country and sent back to Saudi Arabia, following an investigation launched after the Pensacola shooting. He said “We have asked Apple for their help in unlocking the shooter’s iPhones. So far Apple has not given us any substantive assistance. This situation perfectly illustrates why it is critical that investigators be able to get access to digital evidence once they have obtained a court order based on probable cause. We call on Apple and other technology companies to help us find a solution so that we can better protect the lives of Americans and prevent future attacks.”
Apple released a statement addressing Barr’s claim, “We reject the characterization that Apple has not provided substantive assistance in the Pensacola investigation.” Apple said it responded to law enforcement requests “promptly, often within hours” and that it has turned over “many gigabytes of information” to investigators.
Last month, Saudi Air Force officer Mohammed Alshamrani killed three sailors and wounded eight others on the base. Alshamrani, a 2nd lieutenant in the Royal Saudi Air Force, was participating in a training program sponsored by the Pentagon as part of a security cooperation agreement with Saudi Arabia. There are more than 850 Saudi nationals in the U.S. participating in the training program, which includes English, basic aviation, and initial pilot training.
The three victims who died in the shooting were identified as Airman Mohammed Sameh Haitham, 19, from St. Petersburg, Fla.; Airman Apprentice Cameron Scott Walters, 21, from Richmond Hill, Ga and Ensign Joshua Kaleb Watson, 23, from Coffee Ala. After being shot five times, Watson made it outside to alert the first response team with a description and location of the shooter. Watson later died at an area hospital. The suspect was shot and killed after two deputies from the Escambia County Sheriff’s Office exchanged gunfire with him.
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State lawmakers have passed several bills designed to boost safety requirements for stretch-limo operators, after a deadly crash in upstate New York involving one of the vehicles killed 20 people. Family members of the victims of the 2018 crash flanked officials during Tuesday’s press conference in Albany and cheered the 10 proposals supported by leaders of the state Senate, Assembly and Gov. Cuomo.
The crash occurred in Schoharie at the junction of New York state routes 30 and 30A on the afternoon of October 6th 2018. The passengers were traveling to a surprise birthday party in a retrofitted 2001 Ford Excursion. Among them were four sisters and two recently married couples. All 18 people inside the vehicle, including the driver, and 2 bystanders in a nearby parking lot were killed.
The investigation of the accident revealed pre-existing problems with the limousine, the driver and the limousine company, Prestige Limousine Services. As a result of failing two inspections due to deficient brakes, which a repair shop allegedly falsified having repaired, and other issues, the state had ordered the vehicle out of service. Inspectors had placed an “inservicable” sticker across the windshield which was removed before the fatal trip. The vehicle was only certified for 10 seats, but had 18 installed. The driver also lacked the required endorsement to his license for carrying 15 or more passengers at a time.
After the New York State Police determined that the operator, Nauman Hussain, was aware of these issues yet continued to rent the vehicle, he was arrested on a charge of criminally negligent homicide and later indicted on 20 counts each of that charge and 2nd degree manslaughter. His trial is scheduled for March 2020.
“This has been a difficult journey for all the collective families that said, as everybody knows, it’s not where you start, it’s where you finish,” said an emotional Kevin Cushing, who lost his 31-year-old son, Patrick Cushing, in the October 2018 crash in Schoharie County. “We can’t change the past but we can make a difference in the future,” Cushing said.
One of the key pieces of legislation requires all new stretch limos to have seat belts starting in 2021 and retrofitted vehicles by 2023. Multiple reports following the accident found that seat belts could have saved the lives of at least some of the passengers. Other changes include a bill mandating that riders in taxis, liveries and limos — in both the front and back seats —wear safety belts. This would apply to Uber, too. Additional bills set new requirements for drug and alcohol testing of hired drivers, criminal and financial penalties for illegal U-turns and a commercial GPS system. Another bill will implement a study on other safety measures, such as escape hatches.
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A grand jury indicted the suspect in the Hanukkah attack with five more federal hate crimes charges. Grafton Thomas allegedly stabbed at least five Jewish worshipers who were celebrating Hanukkah at a rabbi’s house in Monsey last month. The grand jury in Rockland County had already indicted Thomas, 37, on six counts of attempted murder in the second degree, three counts of assault in the first degree, three counts of attempted assault in the first degree and two counts of burglary in the first degree in the mass slashing on Dec. 28.
The indictment charges Grafton Thomas with five counts each of attempting to kill victims based on their religion and obstructing the free exercise of religious beliefs by attempting to kill with a dangerous weapon. He is being held without bail on the federal charges. “We now allege that he did this with the intention of targeting his victims because of their religion,” Manhattan U.S. Attorney Geoffrey Berman said in a news release. “Thomas faces life in prison for his alleged violent acts of prejudice and intolerance.”
Newly elected DA Thomas E. Walsh, who took office on New Year’s Day, announced the state charges at a brief press conference. “Thomas violently attacked numerous individuals inside the home, slashing at least six individuals, with the intent to cause their deaths,” he said. Initial reports said there were five injured in the attack, though there were no details on what injuries the newly-added victim suffered. Those charges carry a maximum of 25 years in state prison.
Thomas was arrested shortly after the attack with 2 bloodied weapons in his car. Police say he also had handwritten journals containing anti-Semitic references and recently used his phone to look up information on Hitler and the location of synagogues. The worst of the injured victims was clinging to life after suffering devastating machete blows to his head; the man, great-grandfather Josef Neumann, 72, remained comatose, partially paralyzed and on a respirator.
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A Wisconsin teenager, Crystul Kizer, is facing life in prison after she confessed to killing
34-year-old Randall Volar at his home last year after she says he raped her, according to her attorneys. The killing incident occurred in Kenosha, Wisconsin, about 40 miles south of Milwaukee, in June 2018. Kizer allegedly shot Volar twice in the head, set his home on fire and then stole his luxury vehicle. Randy Volar began sexually abusing Chrystul Kizer when she was 16 years old, filmed the abuse and allegedly trafficked her for sex.
Kizer says she connected with Volar through the now-defunct Backpage.com, which was shut down last year for its involvement in human trafficking. Kizer reportedly told Volar she was 19 at the time, but she was actually 16 when he allegedly began paying her for sex and eventually selling her to other men. She admits to initially lying about her age but says Volar knew she was a minor because they had celebrated her 17th birthday together. The teen said she eventually tried to distance herself from Volar, because she wanted to get more serious with her boyfriend, Delane Nelson, who is three years older than her. Volar allegedly threatened to kill Kizer when she told Volar about her decision. Kizer didn’t report the threats to police, as she was convinced they would not help her. In June 2018, Kizer said she had reached out to Volar after getting into a fight with Nelson.
The teen claims she was afraid her boyfriend would hurt her, so she asked Volar if she could come to his house until things cooled down. Months before his death, in February 2018, Volar was arrested on charges of child sexual assault. He was taken into custody shortly after a 15-year-old girl called the police from his house, claiming Volar had given her drugs and was going to kill her. In a search of his home, they confiscated computers and other electronics, along with women’s bikini bottoms and underwear.
Although police found evidence Volar was abusing dozens of underage girls, he was released without bail. At the time of his death he was suspected of human trafficking and child pornography — and Chrystul Kizer was among the girls police had footage of him having sex with. In June 2018, Chrystul killed him after she says he attacked her when she refused to have sex with him. At the time of his death he was suspected of human trafficking and child pornography — and Chrystul Kizer was among the girls police had footage of him having sex with.
When confronted by police, Kizer, who was 17 at the time, allegedly confessed to killing him because she was tired of him sexually assaulting her. She also alleged that he sold her to other men for sex, which is why her attorneys say she should be protected under sex trafficking victim laws. Kizer faces multiple felony charges, including first-degree intentional homicide, possession of a firearm and arson, court records show. She is currently being held on $1 million bail and faces life in prison if convicted.
District Attorney Michael Graveley built a first-degree homicide case against her and wrangled with the public defenders about whether they had the right to review the case against Volar and the accompanying video, photographic, and financial evidence. Eventually Kizer’s lawyers were granted access to evidence that clearly showed Kizer had been trafficked. Federal law dictates that any child under the age of 18 who has been bought or sold for sex is a sex-trafficking victim, regardless of circumstance. Prosecutors say the law that protects those who are sex trafficked doesn’t apply wholly in this case. They said they do not believe she was engaged in prostitution at the time of the crime and they don’t believe her life was in danger at the moment. Prosecutors also said they have evidence, including communications with Kizer’s boyfriend and others, indicating that she plotted and planned the murder ahead of time
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Uber says it received 5,981 reports of sexual assault in 2017 and 2018. Among those, there were 464 reports of rape. The report also noted there were 19 deaths caused by physical assault during 2017 and 2018. The report showed that about 92% of the victims of rape were riders and about 7% of the victims were drivers. Women and female-identifying individuals made up 89% of the victims with men and male-identifying individuals comprising about 8% of victims. Less than 1% of victims identified as gender minorities. The other four categories of sexual assault defined by Uber — including non-consensual kissing, non-consensual touching and attempted rape — did not detail whether the reporting parties were victims. Lyft said it would release its own safety report but it has not indicated when.
Uber also released “early estimates” for the first six months of 2019. It estimated that one out of every 6 million trips may result in an incident report concerning non-consensual sexual penetration, and one in every 900,000 trips may result in an incident report concerning non-consensual touching of a sexual body part. Based on these estimates, and Uber’s own estimate that it has 45 rides every second in the US alone, there were more than 100 reports of rape, and nearly 800 reports of non-consensual touching of a sexual body part, in the first half of 2019. The first half numbers are subject to change, due to factors such as auditing and late reporting.
The ride hailing app has repeatedly been criticized for not taking passenger safety seriously, and for ignoring reports of rape and sexual assault by its drivers. The company incidents of sexual assault are rare, as the company averages more than 3 million trips each day. The report only covers Uber’s U.S. operations. Critics say Uber should be doing more, particularly with background checks, to weed out potentially dangerous drivers. Unlike many taxi companies, Uber and its main U.S. rival, Lyft, do not check drivers’ fingerprints against a national database. Uber says the FBI has acknowledged its database is incomplete and does not always include a final disposition. The company’s process includes a motor vehicle screening, a criminal background check and ongoing notifications about any new offenses. An added fingerprint check, which can’t be faked, could add precious time to the driver-approval process.
A U.S. House committee is looking at legislation that could reduce the number of sex assaults involving ride-hailing passengers and drivers by requiring fingerprint background checks, camera monitoring and front license plates for ride-hailing cars in states that don’t have them. This would help prevent fake ride-hailing drivers from picking up passengers by making it easier for passengers to check plate numbers against the ones provided by Uber and Lyft. There could be limits on what federal legislators can do because ride-hailing companies conduct interstate commerce, but that is new legal territory.
Uber has been making efforts to improve safety over the last two years, including an in-app emergency button, a ride-check feature that detects unexpected stops or crashes and the ability for riders or drivers to share their location with loved ones during a ride. The company outlined additional safety steps it will take in the report. Both Uber and Lyft are promising more safety initiatives to try to prevent sexual assault during ride-sharing trips by better educating drivers. In 2020, Uber plans to expand sexual misconduct and assault education for all U.S. drivers and is working with the Rape, Abuse & Incest National Network or RAINN, the nation’s largest sexual violence organization, to design the program. Uber wants to share the names of drivers who have been banned from the platform with other ride-sharing companies. Lyft also is working with RAINN on a safety education program, which drivers are required to complete, according to Lyft’s web site. In October, Lyft teamed up with security company ADT to develop new safety features in nine markets for early 2020. Both companies offer in-app access to 911.
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