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A New York judge dismissed count 6 of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.The count stems from charges brought forth against the disgraced movie producer in May by Manhattan District Attorney's Office.A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal, and said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office."Goldberg added that despite District Attorney Cy Vance not opposing a motion to dismiss the charges against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform.""People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."The attorney said her client will continue her fight in other venues."Victims are becoming warriors and this is just the beginning," she added.Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape.Weinstein's bond was set at million and he is required to wear a GPS monitoring system and is only allowed to travel within New York state or Connecticut.Weinstein is also under investigation for alleged sex crimes in Los Angeles and London.CNN has reached out to Weinstein's representatives for comment. 1861
A Manhattan judge ruled on Wednesday that a bar can legally eject and not serve a customer for wearing a hat containing President Donald Trump's campaign slogan "Make America Great Again," the New York Post reported. The judge ruled that there is not a law against political discrimination. In January 2017, Greg Piatek was asked to leave the New York City watering hole The Happiest Hour because he was wearing a "Make America Great Again" hat. Piatek claimed that a bartender told him that they do not serve Trump supporters. According to the New York Post, Piatek claimed in the lawsuit that the incident “offended his sense of being American.”Piatek's attorney argued that his client wore the hat to pay tribute to victims of the September 11, 2001 attacks. Piatek claimed he visited the 9/11 Memorial before going ot the bar. “The purpose of the hat is that he wore it because he was visiting the 9/11 Memorial,” Piatek's attorney Paul Liggieri said, according to the Post. Attorneys for The Happiest Hour claimed that political beliefs are not a protected class. While Liggieri claimed that honoring the 9/11 victims was part of his spiritual beliefs, Judge David Cohen ruled that the hat is not faith-based. 1340

A report released from the Centers for Medicare and Medicaid Services says a patient died after a nurse at the Vanderbilt University Medical Center in Nashville selected the wrong medication to give them, putting at risk the hospital's ability to receive Medicare payments.In fact, the paralyzing anesthetic that was given to the patient by mistake is one of the drugs Tennessee uses to execute death row inmates during lethal injections.The incident happened in December of 2017. According to a report conducted by CMS, the patient checked into the hospital with a subdural hematoma and vision loss.The patient was sent to the hospital’s radiology department for a full body scan. When the patient told caregivers they were claustrophobic, doctors prescribed Versed, a standard anti-anxiety sedative. The report from CMS said a nurse told the patient they were going to give them "something to help him/her relax."The patient instead received a dose of vecuronium from that unnamed nurse. Vecuronium is a neuromuscular blocking drug that causes paralysis. As such, the CMS report says it can also stop the body from being able to breathe, in a painful experience for patients, who remain conscious and aware."Patients can experience intense fear when they can no longer breathe. They can also sense pain," 1418
A New Jersey man who died of a brain-eating infection called primary amebic meningoencephalitis was exposed while visiting the BSR Cable Park and Surf Resort in Waco, Texas, during the summer, the Waco-McLennan County Public Health District said Friday.Water samples taken by local, state and federal health officials at the beginning of the month "found evidence of Naegleria fowleri," the amoeba that causes the infection, according to the health district.Fabrizio Stabile, 29, visited the surf resort before developing symptoms in September.A GoFundMe page launched by those close to him said he was mowing his lawn when he developed a severe headache. It hadn't gone away by the following morning, and his symptoms progressed until he was unable to speak coherently or get out of bed. He was rushed to the hospital, where doctors found the amoeba in his spinal fluid. "The worst-case scenario was unfolding in front of our eyes," the site says.The health department concluded, "epidemiologic and environmental assessment indicate that exposure likely occurred at this facility."Although the amoeba itself was not found in water samples from the park, "the presence of fecal indicator organisms, high turbidity, low free chlorine levels, and other ameba that occur along with N. fowleri indicate conditions favorable for N. fowleri growth."The tests were taken from the park's Surf Resort, Royal Flush and Lazy River features. Those areas are to remain closed until "all health and safety issues have been addressed and mitigated appropriately," the health department said, adding that the owner of the park is cooperating and working to develop a "comprehensive water quality management plan to include current regulatory requirements."The BSR Cable Park said on its website that it is installing a state-of-the-art filtration system on the three features to ensure that they are "as clear and clean as humanly possible."However, the park is interpreting the test results another way: "Water tests come back clean," the website proclaimed, adding that "comprehensive test results have now confirmed that the water at BSR Surf Resort meets every standard for safety."BSR also offered its condolences: "On behalf of the entire staff at BSR Surf Resort, our hearts and prayers are with Fab Stabile's family, friends, and the New Jersey surf community. A precious life has been lost, and we are deeply saddened for his loved ones."There have been nine cases of primary amebic meningoencephalitis in Texas since 2005, according to the Waco-McLennan County Public Health District. Centers and Disease Control and Prevention data dating to the 1960s show between zero and eight cases per year nationwide, with five cases in 2016, none last year and no other cases reported this year.The amoeba, Naegleria fowleri, is found in warm bodies of fresh water such as lakes and hot springs. It infects people by entering the nose and making its way to the brain. There, it can cause a brain infection that the CDC calls "rare and devastating," known as primary amebic meningoencephalitis. It is almost always fatal, though a handful of people have survived.Health officials recommend keeping water out of your nose while swimming in warm or untreated freshwater, by either holding your nose, keeping it above water or using a nose clip. 3359
A new study by the Institute for Health Metrics and Evaluation found in the past 10 years, the number of deaths attributed to alcohol has gone up 35 percent. Among women, alcohol-related deaths soared 85 percent.Ron and June Byrd know the pain of watching a loved one struggle with alcohol. They helplessly watched their daughter, Erika, fight it for years.“It would have to be in all caps: helpless. As a father, I was supposed to be able to fix things. I couldn't fix it,” Ron Byrd says.After becoming partner at her law firm, doctors diagnosed Erika with breast cancer. Her parents say she became depressed, and it made her drinking worse.Rehab didn’t work.“Despite our best effort, her friends’ best efforts, her best efforts, it was to no avail,” says Ron. “And it killed her.”Erika died in 2011 at the age of 42.Her death is part of a disturbing, growing trend.“I just know it's a terrible epidemic,” Ron says. “Alcohol kills you in many ways: suicides, accidents, organ failures, disease.”The study by the Institute for Health Metrics and Evaluation found this spike started during the recession and that growing pressure on working mothers might also play a role.“They are, I think, by in large, ashamed of it. Our daughter was,” Ron says. “They do their best to hide it until they can't.”Erika's parents hope the report helps break the stigma associated with alcoholism and leads to more resources devoted to fighting the problem. 1447
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