Most of the cases have been in Colorado, which has 26 reported cases, and Montana, which has 13 reported cases, according to the CDC.
Cases have also been reported in Iowa, Kansas, Michigan, Missouri, Nebraska, New Mexico, Oregon, Utah, Washington, Wisconsin and Wyoming, according to the CDC, which further notes that illnesses have occurred between Sept. 27 and Oct. 10 of this year.
Of the 61 people about whom the CDC has information, 22 have been hospitalized, and two developed hemolytic uremic syndrome, a serious, potentially fatal complication of E. coli infection that can cause kidney failure, according to the CDC.
One death has been reported in Colorado in connection with the outbreak. The person was a resident of Mesa County in the western part of the state, according to the Mesa County department of health.
“The true number of sick people in this outbreak is likely much higher than the number reported, and the outbreak may not be limited to the states with known illnesses,” the CDC said in its update. “This is because many people recover without medical care and are not tested for E. coli. In addition, recent illnesses may not yet be reported as it usually takes 3 to 4 weeks to determine if a sick person is part of an outbreak.”
McDonald’s says either fresh, slivered onions or beef patties used for the Quarter Pounder may be behind the outbreak.
Following the initial announcement of the outbreak on Tuesday, the fast-food company announced it had proactively removed two ingredients from stores across two affected regions. The company’s leadership team said that a majority of other menu items are not impacted, according to the CDC investigation.
McDonald’s confirmed in a statement to ABC News that Taylor Farms is the supplier of the sliced onions the fast-food chain removed, but it is unclear whether Taylor Farms provides its products directly to McDonald’s or through an intermediary.
Taylor Farms issued a voluntary recall on Wednesday for its raw onions.
The U.S. Food and Drug Administration has said that raw slivered onions and the beef patties are the focus of their investigation as potential E. coli sources, but also indicated that preliminary data suggests the onions are “a likely source of contamination.”
ABC News’ Kelly McCarthy and Taylor Dunn contributed to this report.
(SANTA FE, N.M.) A New Mexico judge has declined to reconsider criminal charges against Alec Baldwin over the fatal shooting on the set of “Rust” in October 2021.
“Because the State’s Amended Motion raises arguments previously made, and arguments that the State elected not to raise earlier, the Court does not find the Amended Motion well taken,” the decision said.
The court dismissed the state’s application to reinstate involuntary manslaughter charges that were thrown out in July after it was learned during trial that prosecutors withheld evidence from the defense, namely ammunition brought to the Santa Fe County Sheriff’s Office.
Baldwin’s attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation was “concealed” from them.
The judge in the trial, Mary Marlowe Sommer, said the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
Marlowe Sommer also issued the new ruling on Friday saying the charges would not be reconsidered for Baldwin.
“State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” she wrote in the opinion.
Cinematographer Halyna Hutchins was killed on Oct. 21, 2021, when she was shot by Baldwin while he was practicing using a Colt .45 revolver. The prop gun, which Baldwin believed to contain dummy rounds, actually had a live round of ammunition in it. Director Joel Souza was also struck in the shooting, but recovered from his injuries.
“Rust” armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins’ death in March. Prosecutors argued during the trial she was the source of the live bullet and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez is currently serving an 18-month prison sentence, the maximum for the offense.
Last month, Marlowe Sommer denied a motion from Gutierrez’s attorneys arguing she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State,” related to the same evidence that resulted in Baldwin’s trial being dismissed.
Marlowe Sommer also denied a separate motion from the defense seeking immediate release from detention.
The judge ruled the issues raised by the defense did not justify a new trial or dismissal, and that the state did not suppress the ammunition evidence in Gutierrez’s trial that was at the heart of Baldwin’s dismissal.
(DELPHI, Ind.) — Delphi, Indiana, double murder suspect Richard Allen self-reported being at the crime scene in the days after the killings, but the tip sheet “fell in the cracks,” leaving him “hiding in plain sight” in the small town for years, the sheriff told the jury at Allen’s trial.
Best friends Libby German, 14, and Abby Williams, 13, were walking along a Delphi hiking trail when they were killed on the afternoon of Feb. 13, 2017. Allen, a Delphi resident, was arrested in October 2022 and has pleaded not guilty to murder.
Kathy Shank, a volunteer file clerk who arranged boxes of information and tips in the case, testified Thursday that on Sept. 21, 2022 — weeks before Allen’s arrest — she came across a file folder that was not with the others she was managing.
The sheet said that on Feb. 16, 2017 — three days after the murders — a person listed as “Richard Allen Whiteman” self-reported being on the trails between 1:30 p.m. and 3:30 p.m. on the day of the crime. According to Shank, the self-reporter listed seeing three girls.
Shank testified that she wrote a lead sheet and changed the name to Richard Allen. Allen lived on Whiteman Drive, so she said she believed the names were transposed and it was misfiled.
She said she notified the sheriff after finding Allen’s tip sheet.
Allen’s defense attorney asked Shank, “There was no other tip, to your knowledge, that involved Richard Allen?” Shank replied, “To my knowledge, no.”
Carroll County Sheriff Tony Liggett acknowledged on the stand that Allen was never a suspect from 2017 to 2022 and said the tip sheet generated about him was marked “clear.” When pressed by Allen’s defense on how that could have happened, Liggett responded, Allen “got lost” and “fell in the cracks.”
The sheriff also conceded that Allen came forward on his own and never left town. “He was hiding in plain sight,” Liggett said to defense attorney Andrew Baldwin.
When Allen was arrested, Liggett was running for sheriff, which Allen’s attorneys argued was good timing for his campaign. Liggett denied the two were linked.
“This was about the murders of two little girls,” he said.Indiana State Police investigator Jerry Holeman testified about his conversation with Allen during the search of Allen’s home in the fall of 2022.
Holeman said, as the two sat in his police car, he told Allen that once the search was done he could file a claim for any damage to his house.
Holeman claimed that Allen replied, “It doesn’t matter. It’s over.”
Holeman said he didn’t record that conversation even though Allen was considered a suspect at the time. Defense attorneys pushed back on Holeman’s story, saying the jury could only take his word for it.
Indiana State Police trooper David Vido, who helped administer the search warrant at Allen’s home, testified there was no physical evidence in Allen’s car or on his jacket that linked him to the crime scene.
Prosecutors said police analysis of Allen’s gun determined that the .40-caliber unspent round discovered by the girls’ bodies was cycled through Allen’s gun.
(WASHINGTON) — For more than a century, from the early 1800s to the 1960s, Indigenous children were taken from their tribes — sometimes forcibly from their homes — to attend government assimilation boarding schools. On Friday afternoon, President Joe Biden will issue a formal apology from the U.S. government to impacted communities.
Interior Secretary Deb Haaland, the first Native American to hold a Cabinet position, says her grandparents and mother were among those shipped off to these schools: “I understand that history,” she told host Brad Mielke on Friday’s episode of “Start Here,” ABC News’ flagship daily news podcast.
“The children got to these boarding schools. They were stripped of their clothing. Their hair was cut. They were forbidden to speak their native languages and were beat if they did,” said Haaland.
Haaland went on a reservation listening tour to hear from tribal elders and descendants of people who attended these schools as part of a federal investigation into the government’s boarding school programs and the reported physical and emotional abuse as well as death that took place.
She also investigated those who never made it home, and found that hundreds of children had been buried at unmarked sites far away from their homes.
As part of her investigation, Haaland put together a list of recommendations, the first of which is to issue a formal acknowledgment and apology from the U.S. government.
President Biden told White House reporters Thursday that he’s going to Arizona “to do something that should have been done a long time ago.”
“To make a formal apology to the Indian nations for the way we treated their children for so many years,” he said. “That’s why I’m going. That’s why I’m heading west.”
Haaland told “Start Here” that an apology is the first step in working toward a remedy to the trauma and pain.
“Quite frankly, Native American history is American history, so it’s important for the survivors and the descendants, I believe, to feel that they are seen.”
ABC News’ Justin Gomez contributed to this report.
(NEW YORK) — Generative artificial intelligence companies capable of generating creative content are also said to be disrupting the livelihoods of creatives around the world, according to a group of creatives speaking out publicly about the issue.
“The unlicensed use of creative works for training generative AI is a major, unjust threat to the livelihoods of the people behind those works, and must not be permitted, a ” statement signed by 11,500 actors, musicians, authors, photographers, and composers from across the world, read.
Julianne Moore, Kevin Bacon, Thom Yorke and Abba’s Björn Ulvaeus, are among the tens of thousands of creatives who have signed this open letter calling for these companies to stop indiscriminately training on content they say should be licensed.
“This is a major issue for many of the artists, musicians, actors, authors, and other creators whose work is being exploited by AI companies,” said Ed Newton-Rex, a former AI executive who released the statement.
As a former head of audio at Stability AI, Newton-Rex is well acquainted with the internal data training practices of generative AI companies. He resigned over the company’s belief that training their AI models on copyrighted content without licensing it constitutes “fair use.”
Generative AI models have generally scrapped as much content as they could from the internet, downloaded it and trained their model to be able to create new work that is in the style of the work it trained on, Newton-Rex told ABC News.
“None of this revenue is coming back to the original artists,” explained Overlai founder Luke Neumann in a blog post about his new mobile app which aims to protect photography in the age of AI.
Neumann, who also signed the letter, launched the free app Overlai with world-renowned photographers Paul Nicklen and Cristina Mittermeier, when they noticed text-to-image generators could easily replicate the unique styles of both photographers. And, Neumann stresses the amount of work that goes into conservationist photography – the cost of travel and spending weeks, sometimes months in a location documenting a delicate ecosystem.
“I think AI companies really need to think long and hard about like how long they’re going to need organic data and if they want to be messing with these fragile business models of the people out there capturing this stuff,” Neumann to ABC News.
Several lawsuits from creatives ranging from writers to musicians to comedians have piled up against some of the biggest generative AI companies for copyright infringement.
(LOS ANGELES) — NThe attorney for Lyle and Erik Menendez said he thinks the brothers are “cautiously optimistic that they can see some real relief” after the Los Angeles County district attorney announced he’s recommending resentencing.
Mark Geragos told ABC News’ “Good Morning America” that his goal is to have the brothers home for Thanksgiving.
While district attorney George Gascón said he hopes to get a hearing on the docket within the next 30 to 45 days, Geragos said he thinks there will be a hearing “well before that.”
Gascón said he’s recommending in a court filing on Friday that the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because of the brothers’ ages — they both were under 26 at the time of the crimes — they would be eligible for parole immediately, Gascón said at a Thursday news conference.
The final resentencing decision will be made by a judge and the parole board must also approve, Gascón said.
“We are continuing to be optimistic that Erik and Lyle will be released soon, and best-case scenario would be for us to have Erik and Lyle home for the busy week of Thanksgiving,” she said, which also includes three family birthdays.
“There is no excuse for murder,” Gascón stressed at the news conference, and he added that he doesn’t “believe that manslaughter would have been the appropriate charge [to request in the resentencing filing] given the premeditation that was involved.”
Lyle and Erik Menendez were each sentenced to two consecutive terms of life without parole after they were convicted in 1996 of fatally shooting their parents.
Lyle Menendez was 21 and Erik Menendez was 18 when they killed Jose and Kitty Menendez at the family’s Beverly Hills home in 1989. The brothers argued they acted in self-defense after enduring years of sexual abuse by their father; prosecutors alleged they killed their wealthy parents for financial gain.
Gascón said this month that his office was evaluating new evidence: allegations from a member of the boy band Menudo who said he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders detailing his alleged abuse.
Erik Menendez’s cousin testified about the alleged abuse at trial, but Erik Menendez’s letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to Geragos.
“I’ve never once doubted Erik and Lyle. I believe them,” the brothers’ cousin, Natascha Leonardo, told “GMA.” “The new evidence that has come out just continues to support our belief.”
Another cousin, Tamara Goodell, added that a new swell of support from the public is due to a younger generation’s understanding that boys and men are also victims of sexual abuse, which wasn’t as well recognized in the 1990s.
“This new generation is really putting up a fight to say, ‘This is not what should’ve been handed to them,'” she said. “At this point, after almost 35 years, they’ve served their time. … Now, it’s time for them to come home.”
One relative — the brothers’ uncle, Milton Andersen — is adamant about keeping them behind bars, though. He said he firmly believes his nephews were not sexually assaulted and were motivated by greed.
“The jury’s verdict was just, and the punishment fits the heinous crime,” he said in a statement.
Gascón told ABC News this month that any recommendation for resentencing would take into account the decades the brothers already served and their behavior in prison.
The brothers made a positive impact while incarcerated, despite “no hopes of ever getting out of prison,” Gascón said. They focused on “creating groups to deal with how to address untreated trauma, creating groups to deal with other inmates that have physical disabilities and may be treated differently. Even in one case, Lyle negotiating for other inmates as to the conditions that they live under,” he said.
Geragos said Lyle Menendez received a college degree behind bars while Erik Menendez provides hospice care to inmates.
“They’ve done great things while in prison. I don’t see anything that’s going to stop them from continuing that work once they’re out,” Geragos said.
(BALTIMORE, Md.) — The operators of the vessel that destroyed Baltimore’s Key Bridge in March have agreed to pay nearly $102 million for costs stemming from the federal response, the Department of Justice announced Thursday.
Under the settlement, the owners and operator of the Dali vessel — Grace Ocean Private Limited and Synergy Marine Private Limited — will pay $101,980,000 to resolve civil claims brought against them by the Justice Department in September, the department said.
ABC News has reached out to Grace Ocean Private Limited and Synergy Marine Private Limited for comment.
The civil probe is separate from the still-ongoing criminal investigation by the department into the events that led to the vessel’s collision with the bridge.
This is a developing story. Please check back for updates.
(LOS ANGELES) — Los Angeles County District Attorney George Gascón has recommended resentencing for Lyle and Erik Menendez, who are each serving two life prison terms without parole.
“We are going to recommend to the court [on Friday] that the life without the possibility of parole be removed and they would be sentenced for murder,” which would be a sentence of 50 years to life, Gascón said at a news conference Thursday. But because of their age — they both were under 26 at the time of the crimes — they would be eligible for parole immediately, he said.
“I believe that they have paid their debt to society,” he said.
“The final decision will be made by the judge,” he stressed.
Gascón told ABC News this month that any recommendation for resentencing would take into account the decades that the brothers already served and their behavior in prison. The brothers’ attorney, Mark Geragos, called them model prisoners who worked tirelessly to reform themselves with no expectation they’d be released.
The decades-old case began on Aug. 20, 1989, when Lyle and Erik Menendez fatally shot their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. Lyle Menendez, then 21, and Erik Menendez, then 18, used shotguns they bought days earlier.
Prosecutors alleged the brothers killed their wealthy parents for financial gain.
The defense argued the brothers acted in self-defense after enduring years of sexual abuse by their father.
Their first trials — which captured the nation’s attention with cameras in the courtroom — ended in mistrials.
In 1996, at the end of a second trial — in which the judge barred much of the sex abuse evidence — the brothers were convicted of first-degree murder and sentenced to two consecutive life prison terms without the possibility of parole.
The sensational case gained new attention this fall with the release of the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the Netflix documentary “The Menendez Brothers.”
Gascón said this month that his office was evaluating new evidence: allegations from a member of the boy band Menudo who said he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders detailing his alleged abuse.
Erik Menendez’s cousin testified about the alleged abuse at trial, but Erik Menendez’s letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to Geragos.
“Their actions, while tragic, were the desperate response of two boys trying to survive the unspeakable cruelty of their father,” Kitty Menendez’s sister, Joan Andersen VanderMolen, said. “As their aunt, I had no idea of the extent of the abuse they suffered.”
“It’s time to give them the opportunity to live the rest of their lives free from the shadow of their past,” she said.
Behind bars, the siblings “sought to better themselves and serve as a support and inspiration for survivors all over the world,” added Jose Menendez’s niece, Anamaria Baralt. “Their continued incarceration serves no rehabilitative purpose.”
The brothers “deserve a chance to heal, and our family deserves a chance to heal with them,” Baralt said.
Despite the massive show of support, one relative — the brothers’ uncle, Milton Andersen — is adamant about keeping them behind bars. He said in a statement he firmly believes his nephews were not sexually assaulted and were motivated by greed.
This is a developing story. Please check back for updates.
(OHIO) — Jurors heard contrasting theories during opening statements in the murder trial of former Columbus, Ohio, police officer Adam Coy who is accused of killing Andre Hill, an unarmed Black man, in December 2020.
While a prosecutor on Thursday painted the defendant’s actions as “reckless” and “unreasonable,” a defense attorney contended Coy was “justified in using deadly force.”
Coy, who is white, is facing charges of causing Hill’s death, felonious assault and reckless homicide stemming from the Dec. 22, 2020, shooting. Prosecutors said the 47-year-old Hill was holding a cell phone in one hand and a set of keys in the other when he was shot dead in the garage of a home belonging to a friend.
In her opening statement, Assistant Franklin County Prosecutor Renee Amlin said Hill was complying with Coy’s orders to step out of the garage when he was shot four times.
“The state of Ohio expects that at the end of this case, it will have proven to you beyond reasonable doubt that the defendant Adam Coy is guilty of all three of those crimes,” Amlin told the jury seated in Franklin County Court of Common Pleas.
Amlin said that among the prosecution witnesses slated to testify is Columbus police Officer Amy Detweiler, who was with Coy when the shooting erupted around 1:30 a.m. Both officers responded to a neighbor’s 911 call complaining about a suspicious SUV parked on the street with its engine running.
She said that before the shooting, Coy approached Hill who was seated in the running SUV and that Hill explained he was waiting for a friend to come out of her home. She said Hill showed Coy a text message on his phone from his friend, reading, “I’ll be right out.”
Amlin said that when Coy went back to his patrol car, Hill exited the SUV and entered the open garage of his friend’s home. She said that when Ditweiler arrived separately at the scene, the two officers approached Hill and instructed him to step out of the garage and that Hill was shot when he complied with Coy’s orders.
The jury, according to Amlin, will also be shown Coy’s body-worn camera video that captured the shooting.
Amlin told the jurors that the state would prove beyond reasonable doubt that Coy was “reckless” and that his use of deadly force was not justified.
“The evidence will show that Andre Hill was not armed. He did not have a firearm,” the prosecutor said.
But defense attorney Kaitlyn Stephens told the jury that Coy was following police training when he perceived Hill as a threat.
“You are going to hear from the state’s own witnesses that actual possession of a weapon is irrelevant, that police officers are allowed to be mistaken,” Stephens said.
She told the jury that Coy believed a “mass of keys” Hill had in his right hand was a revolver and that the officer was forced to make a split-second decision to open fire in self-defense.
“You are going to hear that on Dec. 22, 2020, my client believed he was going to get shot. He yells ‘gun, gun,’ steps off the line, draws his weapons and fires at what he honestly believed was a revolver being leveled at his direction,” Stephens told the panel. “You are going to hear that he was mistaken, that it was not a revolver, but instead that glint of steel turned out to be a metal mass of keys.”
Stephens said the defense plans to call two Ohio veteran officers to testify as experts on police training and to counter the testimony of the state’s police training expert.
“You are going to hear that officers do not have to wait until they see the glint of steel, that what matters is how the hand was being presented because an action is faster than a reaction,” Stephens said.
Stephens added, “The evidence will show that our client was not reckless. He did what he was trained to do, and what he was trained to do was shoot to stop the threat.”
Coy was fired from the Columbus Police Department about a week after the shooting.
About a month after the shooting, Coy was arrested and indicted in the killing of Hill. Coy has pleaded not guilty to the charges and has not made any public comments on the case.
If convicted, Coy, who is free on $1 million bail, could face a sentence of life in prison without the possibility of parole.
Neither Coy nor Detweiler turned their body-worn cameras on until after the shooting, but Coy’s camera had a “look-back” function that automatically activated and recorded 60 seconds of the episode without sound, including capturing the shooting.
The body camera footage also showed that as Hill lay dying on the floor of the garage, none of the officers who responded to the incident appeared to immediately provide first aid, officials said.
National civil rights attorney Benjamin Crump, who is representing Hill’s family, alleged that the officers waited up to 15 minutes before before they started giving Hill first aid, citing his review of the body camera footage.
After officers on the scene turned their body cameras on, a woman came out of the house and told officers that Hill was a guest and said, according to body camera footage released in the case, “He was bringing me Christmas money. He didn’t do anything.”
In May 2021, the City of Columbus agreed to a $10 million wrongful death settlement with Hill’s family, the highest amount ever paid by the city.
The indictment of Coy came just days after the Columbus City Council also passed Andre’s Law, which was named after Hill and requires Columbus police officers to turn on their body cameras when responding to calls and to immediately render first aid after a use-of-force incident.
ABC News’ Olivia Osteen contributed to this report.
(TEXAS) — A Texas woman is facing criminal charges after she impersonated a dentist despite not having a license, even giving a patient a “botched” root canal, according to court documents.
Angelica Vivas, 46, was charged with two felony counts under the Dental Practice Act, records show. She is currently out on bond.
Vivas is accused of practicing dentistry and dental surgery without a license issued by the Texas State Board of Dental Examiners, according to court documents.
Vivas, presenting herself as a dentist, allegedly agreed to perform a root canal on a patient that was then “botched,” according to court documents.
The victim suffered “a tremendous amount of pain” due to the defendant’s actions, according to court documents.
In another incident, undercover officers went to Vivas’ office, where she offered to perform dental work on an officer, despite not being licensed in Texas, court documents show.
A patient who claimed Vivas treated her said she was left unable to do anything on the left side of her mouth, the patient, who asked not to be named, told Houston ABC station KTRK.
The patient will still need surgery, with the damage so severe it will cost her thousands of dollars to fix, she said.
“Financially, it really hurts. I’m using my savings, looking to borrow money, because I don’t have it. I’m looking for a doctor willing to work with me,” the woman told KTRK.
While the case proceeds, Vivas is prohibited from advertising or providing any dental services.
