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WASHINGTON (AP) — A federal appeals court has ruled that the first federal execution in nearly two decades can proceed as scheduled on Monday. The ruling from the 7th U.S. Circuit Court of Appeals overturns a lower court order that had put the execution of 47-year-old Daniel Lewis Lee on hold. Lee, of Yukon, Oklahoma, had been scheduled to die by lethal injection on Monday at a federal prison in Indiana.He was convicted in Arkansas of the 1996 killings of gun dealer William Mueller, his wife, Nancy, and her 8-year-old daughter, Sarah Powell. 555

VISTA, Calif., (KGTV) — The man and woman accused of fatally stabbing a Carlsbad woman in March appeared at their preliminary hearing on Wednesday. Ian Bushee and Malissa James pleaded not guilty to all charges, including murder and burglary. The District Attorney called several witnesses, playing 911 calls and never-before-seen police body camera footage in the courtroom. The 911 call was from the victim, Marjorie Gawitt.Dispatcher: 911. What's your emergency?Marjorie: (inaudible) I've been attacked. That was the beginning of Gawitt's dying message on the morning of March 11, 2019. The 63-year-old woman was sleeping in her Carlsbad home alone when police said Bushee and James tortured and stabbed her fifty times in the face, neck, and back. Dispatcher: We've got help sent out to you, Marjorie. Who did this?Marjorie: I don't know. It took everything Gawitt had left in her to make that 911 call. The call was so tragic, officers testifying on the stand became choked up while listening to Gawitt's voice. Because of her final act of courage, Officer Randy Noa found her minutes later, still alive. On his body camera video, you can hear him trying to speak to Gawitt."You okay ma'am? Oh. Ma'am. Is he still in here or did he leave? (PAUSE) I can't hear you, ma'am," Officer Noa said, breathing heavily."It looked like she was trying to say to me that he was gone. But it was hard," Officer Not testified inside the courtroom. The District Attorney also played a second body camera video, worn by Officer Derek Harvey. On it, you can hear him trying to console the victim. "Ma'am, you're going to be okay. The paramedics are going to be here, any second, okay?" Officer Harvey said. Minutes later, Harvey's camera recorded him finding what looked to be the weapon on the counter."Her eyes were clouded, dilated and fixed," Officer Harvey said. "I knew she was... probably not going to make it." He was right. Despite the paramedics arriving quickly, Gawitt died at Scripps La Jolla Hospital. With the only eyewitness now gone, investigators were back at square one. What they did know was that the victim's gold car was missing, so they worked to track that down. Hours later, surveillance video captured the victim's stolen car in San Marcos. The suspects were taped walking around near a masonry warehouse and at a 7-11 store. Investigators said the two later ditched the stolen car in San Marcos, and for some reason, rode a bus back into Carlsbad. The two were later arrested near the original crime scene. Police said it turns out Gawitt's home was not the first the pair had ransacked that day. "I looked up, and I said something is missing here," neighbor Patricia Gapik said. That same morning, Gapik noticed her sewing basket and her daughter's flute were gone. Random items were also scattered near her sliding glass door. "I then realized that someone was in my house," Gapik testified. "I was scared."Luckily, Gapik was asleep the entire time, and never confronted the burglars. But investigators later found that the two cases were connected. They found some of Gapik's belongings inside the car left in San Marcos. The suspects, Ian Bushee and Malissa James were the same. Thursday morning, the Medical Examiner will be giving his testimony on Gawitt's fatal injuries. 3303

VISTA, Calif., (KGTV) — The man and woman accused of fatally stabbing a Carlsbad woman in March appeared at their preliminary hearing on Wednesday. Ian Bushee and Malissa James pleaded not guilty to all charges, including murder and burglary. The District Attorney called several witnesses, playing 911 calls and never-before-seen police body camera footage in the courtroom. The 911 call was from the victim, Marjorie Gawitt.Dispatcher: 911. What's your emergency?Marjorie: (inaudible) I've been attacked. That was the beginning of Gawitt's dying message on the morning of March 11, 2019. The 63-year-old woman was sleeping in her Carlsbad home alone when police said Bushee and James tortured and stabbed her fifty times in the face, neck, and back. Dispatcher: We've got help sent out to you, Marjorie. Who did this?Marjorie: I don't know. It took everything Gawitt had left in her to make that 911 call. The call was so tragic, officers testifying on the stand became choked up while listening to Gawitt's voice. Because of her final act of courage, Officer Randy Noa found her minutes later, still alive. On his body camera video, you can hear him trying to speak to Gawitt."You okay ma'am? Oh. Ma'am. Is he still in here or did he leave? (PAUSE) I can't hear you, ma'am," Officer Noa said, breathing heavily."It looked like she was trying to say to me that he was gone. But it was hard," Officer Not testified inside the courtroom. The District Attorney also played a second body camera video, worn by Officer Derek Harvey. On it, you can hear him trying to console the victim. "Ma'am, you're going to be okay. The paramedics are going to be here, any second, okay?" Officer Harvey said. Minutes later, Harvey's camera recorded him finding what looked to be the weapon on the counter."Her eyes were clouded, dilated and fixed," Officer Harvey said. "I knew she was... probably not going to make it." He was right. Despite the paramedics arriving quickly, Gawitt died at Scripps La Jolla Hospital. With the only eyewitness now gone, investigators were back at square one. What they did know was that the victim's gold car was missing, so they worked to track that down. Hours later, surveillance video captured the victim's stolen car in San Marcos. The suspects were taped walking around near a masonry warehouse and at a 7-11 store. Investigators said the two later ditched the stolen car in San Marcos, and for some reason, rode a bus back into Carlsbad. The two were later arrested near the original crime scene. Police said it turns out Gawitt's home was not the first the pair had ransacked that day. "I looked up, and I said something is missing here," neighbor Patricia Gapik said. That same morning, Gapik noticed her sewing basket and her daughter's flute were gone. Random items were also scattered near her sliding glass door. "I then realized that someone was in my house," Gapik testified. "I was scared."Luckily, Gapik was asleep the entire time, and never confronted the burglars. But investigators later found that the two cases were connected. They found some of Gapik's belongings inside the car left in San Marcos. The suspects, Ian Bushee and Malissa James were the same. Thursday morning, the Medical Examiner will be giving his testimony on Gawitt's fatal injuries. 3303

WASHINGTON — President-elect Joe Biden introduced his picks for top health positions in his administration Tuesday, and listed three goals his administration will take to fight the COVID-19 pandemic in his first 100 days.The first of those goals has already been widely reported — Biden says he will ask American to "mask up" for the first 100 days of his administration. He said Tuesday that he will enact mask mandates where he can, like on federal property or on airplanes and other inter-state travel. But he said he's asking the rest of the country to join him in wearing masks even where they are not mandated.Biden also said Tuesday that he hopes to administer 100 million doses of COVID-19 vaccines in his first 100 days. In order to aid his administration in his goal, he says he hopes Congress can pass additional funding that would assist in distribution. Finally, Biden said he hopes to get as many children back into schools for in-person learning as he can within his first 100 days.Biden ended his remarks by reminding Americans that while a vaccine is coming, there are a few difficult months ahead."It's daunting, but I promise we will make progress starting on Day 1 ... we can beat this," Biden said.The health care team assembled by President-elect Joe Biden points to stronger federal management of the nation's COVID-19 response, a leading role for science and an emphasis on fair and equitable distribution of vaccines and treatments.With Monday's announcement of his health secretary and a half dozen other key officials Biden is aiming to leave behind the personal dramas that erupted under President Donald Trump. He hopes to return the federal response to a more methodical approach focused on achieving results by applying scientific knowledge in a transparent and disciplined manner.But Biden doesn't yet have a tested team — just players drafted for key positions. According to the Associated Press, only a few had previously been with Biden's coronavirus advisory board, but the president-elect will need new members to hit the ground running.While Trump has mostly delegated virus response to states, Biden's selection of businessman Jeff Zients signals a stronger federal response in the next administration. Among Zients past credits includes his rescue of the HealthCare.gov website, which had faltered shortly after launching in 2013.Biden also signaled a heavy reliance on scientific experts, particularly with his pick of infectious disease expert Dr. Rochelle Walensky to lead the CDC and the return of Dr. Vivek Murthy as Surgeon General. He's also asked Dr. Anthony Fauci to join his administration as a medical adviser while still stating in his role as the director of the National Institute for Allergies and Infectious Diseases.Finally, Biden announced Tuesday he's creating a COVID-19 Equity Task Force that will work to correct racial and wealth disparities exploited by the pandemic. Leading that panel is Dr. Marcella Nunez-Smith, a associate professor of medicine and epidemiology at Yale. 3047

VISTA (CNS) - A Vista vodka distillery that shifted its operations to producing hand sanitizer during the coronavirus pandemic announced Tuesday that it will donate a portion of the proceeds to fund COVID-19 research.Misadventure & Co. said 15% of profits generated by its hand sanitizer sales will go to "scientific research institutions, including The National Institutes of Health Foundation, John Hopkins Medical Foundation and University of California San Diego Health Foundation in the name of COVID-19 research and response."In March, the company pivoted operations to manufacturing hand sanitizer after pandemic restrictions prevented patrons from visiting its distillery or tasting room."We are so thankful that we were able to pivot our business and save jobs when the coronavirus first struck. We want to give back by donating to institutions that will help find a vaccine," said co-founder Sam Chereskin."Now just like our sustainable vodka, consumers can feel good about purchasing their hand sanitizer through our website because they know they will support efforts to end this pandemic," he said. ``We call on more companies to join this movement and help donate a portion of their proceeds in a similar manner." 1239