Tuesday, 28 October 2014

Noriega's video game suit dismissed





  • NEW: Noriega's attorney says he's reviewing the court order, conferring over next steps

  • A judge says the First Amendment protects the creators of "Call of Duty" games

  • Ruling: "Noriega fails to provide any evidence of harm to his reputation"

  • Manuel Noriega had argued he was entitled to part of the profits since his likeness was used




(CNN) -- A California judge has dismissed former Panamanian dictator Manuel Noriega's lawsuit against the creators of the "Call of Duty" video game franchise.


"This court concludes that Noriega's right of publicity is outweighed by defendants' First Amendment right to free expression," Judge William H. Fahey of the Los Angeles Superior Court said in an order Monday.


Noriega -- who's serving a prison sentence in Panama after being convicted of drug trafficking, money laundering and killing political opponents -- had argued that the 2012 video game "Call of Duty: Black Ops II" damaged his reputation.


Creators of the video game called the lawsuit "frivolous" and "absurd." They filed a motion to dismiss it, arguing that Noriega's portrayal in the game is protected by the Constitution.


"This ruling is an important victory and we thank the court for protecting free speech," said former New York City Mayor Rudy Giuliani, attorney for video game creator Activision Blizzard Inc.


"This was an absurd lawsuit from the very beginning and we're gratified that in the end, a notorious criminal didn't win," Giuliani said in a statement Tuesday. "This is not just a win for the makers of 'Call of Duty,' but is a victory for works of art across the entertainment and publishing industries throughout the world."


Noriega, 80, filed the lawsuit in Los Angeles County Superior Court in July, arguing that his portrayal "as a kidnapper, murderer and enemy of the state" in the video game harmed his reputation. Since the company used his image and name, the lawsuit said Noriega was entitled to a share of the profits from the video game.


What now?


"At this time, we are still reviewing the court's order and conferring with our client to determine our next steps," attorney William T. Gibbs, who represents Noriega, said in an email Tuesday.


Manuel Noriega sues over 'Call of Duty' video game


In 2012, Activision Blizzard said "Call of Duty: Black Ops II" had netted more than $1 billion in sales worldwide in its first months on the market.


The video game includes historical footage and several real-life characters in Cold War scenarios, including former Marine Lt. Col. Oliver North.


But while North did his own voiceover for the game and acted as an adviser, Noriega said in the July lawsuit that he wasn't consulted -- or compensated -- for the use of his likeness.


"Call of Duty" video games take storylines from current headlines, and its characters are based on historical figures, from former Cuban leader Fidel Castro to David Petraeus, the retired general and former CIA director.


In a statement Tuesday, Activision Blizzard described the game as historical fiction and said Noriega's lawsuit could have had far-reaching consequences if it hadn't been thrown out.


"In the unlikely event the lawsuit had been permitted to proceed, Noriega's efforts could have provided numerous historical and political figures a veto right over their appearances in works of art, having a chilling effect on everything from movies like Forrest Gump and Zero Dark Thirty, to television programs including Saturday Night Live and Boardwalk Empire and even to popular books such as The Paris Wife," the statement said.


In court documents, Noriega said he learned about the video game from his grandchildren, who told him that his image and likeness were being used.


"Noriega fails to provide any evidence of harm to his reputation," Fahey said in his ruling. "Indeed, given the world-wide reporting of his actions in the 1980s and early 1990s, it is hard to imagine that any such evidence exists."


For almost two decades, Noriega was a major player in a country of critical regional importance to the United States because of its location on the Panama Canal, the key strategic and economic waterway between the Atlantic and Pacific oceans on the narrow isthmus linking the Americas.


Amid growing unrest in Panama, then-U.S. President George H.W. Bush ordered the invasion of the Central American nation in December 1989, saying Noriega's rule posed a threat to U.S. lives and property.


12 more real people who appeared in video games


Noriega fled his offices and tried to seek sanctuary in the Vatican Embassy in Panama City.


He surrendered in January 1990 and was escorted to the United States for civilian trial.


Noriega was indicted in the United States on charges of racketeering, laundering drug money and drug trafficking. He was accused of having links to Colombian drug lord Pablo Escobar's notorious Medellin cartel and, in the process, amassing a multimillion-dollar fortune.


He was convicted of drug trafficking and other crimes and served nearly two decades in prison.


In 2010, a French court sentenced Noriega to seven years in prison for laundering 2.3 million euros ($2.9 million) through banks there. He was ordered to pay the money back.


In Panama, where he was convicted of killing political opponents, he has been hospitalized several times since he returned in 2011 to serve out his prison sentence.


CNN's Leigh Remizowski, Stella Chan and Rafael Romo contributed to this report.



Suits: Inmates died of gangrene, DTs


The families of Nikki Listau, left, Deundrez Woods, center, and Tanisha Jefferson are suing an Alabama jail over their deaths.


The families of Nikki Listau, left, Deundrez Woods, center, and Tanisha Jefferson are suing an Alabama jail over their deaths.






  • Three lawsuits allege prisoners at Madison County, Alabama, jail died of treatable illnesses

  • In one case, teen stunned with Taser, isolated before dying from gangrenous foot, suit says

  • Lawsuit: In another 2013 death, woman died of bowel obstruction after constipation

  • Third prisoner died of alcohol withdrawal after breaking bones falling off bunk, lawsuit says




(CNN) -- One prisoner died of alcohol withdrawal. Constipation killed another. A third succumbed to gangrene.


The deaths sound like they come from the logs of a Civil War POW encampment, but all three are alleged to have befallen detainees at the Madison County Jail in Huntsville, Alabama, while they were awaiting trial.


In 2013.


"What connects them all is that all of these people were in the medical-watch area, supposedly under the care of nurses," said Florence-based civil rights attorney Hank Sherrod, who in the past six weeks has filed federal lawsuits on behalf of the families of the alleged victims.


The suits target the county, jail and Advanced Correctional Healthcare Inc., the company paid to provide medical services to county inmates. The suits allege that the county and ACH reached a "deliberately indifferent" agreement to delay or deny care as a cost-saving measure.


With county consent, the suits allege, ACH "staffed the Madison County Jail inadequately, hired substandard medical personnel willing to put cost over inmate health and safety, denied inmates medications and delayed or denied medically necessary referrals to outside providers."


Both Madison County and ACH officials declined to be interviewed for this story because of the pending litigation. They instead provided CNN with brief statements.





Defendants just watched Listau deteriorate and eventually die.

Lawsuit filed by Nikki Listau's estate




"Advanced Correctional Healthcare is pleased to have the opportunity to deliver a high standard of health care for Madison County Jail patients while partnering with Madison County to address the need to provide quality healthcare within its budget. ACH will not try its cases in the (media)," read a statement from ACH spokesman JD Dalfonso.


Madison County Attorney Jeff Rich said in an email he had a longstanding policy of not commenting on lawsuits.


"Although the almost instantaneous and continual flow of information arguably calls for a more substantive response, I believe it remains wise to reserve comment and let the litigation process run its course," he wrote.


'They just watched him ... totally indifferent'


The allegations surrounding the August 2013 death of Deundrez Woods of Huntsville are the most disturbing.


Arrested in June 2013 on shoplifting and third-degree assault charges, the 19-year-old behaved normally for several weeks until "jail records show that by August 6, Woods was confused, hallucinating and unable to communicate with correction and medical personnel," according to one of the lawsuits. He was then moved to the jail's medical unit.


"They just watched him," Sherrod said. "They were happy to let him lie there ... totally indifferent to what was really going on."


Fifteen days later, he died of a blood clot originating in his gangrenous foot, the lawsuit states, further alleging he was treated as a problem prisoner rather than a man suffering from a life-threatening infection.


Woods was stunned with a Taser on August 6, 9 and 14, according to the lawsuit, and no one took his vital signs from August 7 to August 19.


On August 17, the odor emanating from his foot was so foul that guards "dragged Woods from his cell to the shower, sprayed him with water and then placed him, still naked, in a different cell," the suit states.


"Jail records affirmatively show Woods did not eat from August 14-19 and that as of August 12, Woods' water supply was cut off," the lawsuit states. "Jail records also show Woods was naked during this period."


According to the lawsuit, after August 14, no ACH nurse entered Woods' cell until August 19, the day he died.


The report that Woods wasn't eating left his mother incredulous. A high school football player and heavyweight wrestler, the young man would eat anything but beans, his mother said.


"He was a big boy. He liked to eat," said Tanyatta Woods, adding that when she needs her spirits lifted, she goes to the restaurant where she and Deundrez shared their last meal and he put down "$50 worth of Mexican food."





Jefferson took another turn for the worse. She started sweating and started having difficulty breathing.

Lawsuit filed by Tanisha Jefferson's estate




The night before her phone interview with CNN, Tanyatta Woods was up all night crying over Deundrez's death, she said. She couldn't sleep, and her other son had to comfort her.


She recalled for CNN on Monday how she saw Deundrez a few days before he died. He was brought into court August 15 in a wheelchair, she said.


She asked court and jail officials why he was in a wheelchair, and they cited patient privacy laws, she said. One official told her Deundrez was suffering from mental problems, but having a nursing and pharmaceutical license, she realized something else was wrong with her son, she said.


"I told them my son didn't have any mental problems," she said. "They couldn't explain to me why he was in a wheelchair."


He seemed confused and unresponsive, she said. His lips were discolored, he was having trouble seeing and he didn't seem to remember much, other than the name of his 2-year-old son, Jalen, his mother said.


"I begged them to take him to the hospital," she said. "They refused."


The next time she saw Deundrez was in the hospital August 19. He was on life support. She'd have him taken off two days later.


Other deaths in the same jail


Woods' case came about five months after Nikki Listau died and about two months before Tanisha Jefferson died, after serving time in the same jail.


Listau, 60, was arrested at her home and charged with harassing communications on March 10, 2013. She couldn't walk and had to be booked into the jail in a wheelchair, another lawsuit states.


The delirium tremens, or DTs, from her alcohol withdrawal was so severe that she suffered seizures and broke her left femur and fractured multiple ribs "as a result of falling off of her bunk while in a medical watch cell," according to the lawsuit.


When a guard found her naked on the cell floor, "rambling incoherently," her March 11 video court appearance was canceled.


Two hours later, Listau was found unresponsive in her cell, the lawsuit says. She was pronounced dead the following day.


"Despite her condition, Listau received no treatment; defendants just watched Listau deteriorate and eventually die," the lawsuit states.





I still keep a house full of his football (teammates). ... All the kids still come by and check on me.

Tanyatta Woods, mother of Deundrez Woods




Unlike Listau, Jefferson, 30, was apparently cognizant that something was wrong with her, according to the lawsuit filed by her mother.


Arrested on a harassment charge October 14, 2013, she began complaining of rectal and abdominal pain on October 19. She also told jail officials she was unable to have a bowel movement, a third lawsuit states.


On October 25, the mother of three filed a medical grievance saying she had been sick for at least 10 days, and in an October 28 request to see a doctor, Jefferson asserted she feared for her life and warned that jail and medical staff would be responsible "if something happened to her," the lawsuit states.


Sherrod elaborated, saying Jefferson wrote a note that read, "If I die, it's on y'all."


Jefferson saw a doctor the following day and was prescribed laxatives and sent back to her cell, where she told fellow inmates and jail staff she hadn't had a bowel movement in 13 days and "she thought she would explode, that she was so weak and in pain she could hardly walk," the lawsuit states.


"On October 30, 2013, Jefferson took another turn for the worse. She started sweating and started having difficulty breathing," according to the lawsuit, and ACH medical staff were told of Jefferson's condition, "yet did nothing."


She saw another nurse the next day and was sent back to her cell again, the lawsuit states.


That evening, at about 8:40 p.m., she passed out in her cell after "complaining of even more extreme abdominal pain," according to the lawsuit.


Even then, Jefferson was not sent to the hospital. Instead, she was taken by wheelchair to the medical department for observation. An ambulance was not called until Jefferson became nonresponsive around 9:09 p.m.


By that time, it was too late.


She died on Halloween "as a result of complications related to a bowel obstruction most likely caused by an extended period of constipation," the lawsuit says.


Lawsuits allege a money-saving motive


All three lawsuits allege that, in each case, the conditions were so severe that even a layperson would have realized they were life-threatening, but ACH ignored each inmate's symptoms to save money.


"ACH's business model, reflected in the agreement, succeeds by underbidding the competition and implementing severe cost control measures, the necessary result of which is unnecessary inmate suffering and liability claims (dealt with through liability insurance)," the suits say.





They wait and wait and wait and hope it goes away. That's a formula for killing people.

Attorney Hank Sherrod




Even in the months after the three deaths, Sherrod noted, jail administrator Steve Morrison spoke at length of the financial burden of providing health care to inmates.


In an April story published several months before any of the lawsuits were filed, CNN affiliate WAFF-TV reported the county was seeking state or federal coverage for certain health care expenses. Morrison told the station, "Constitutionally we're supposed to provide medical care. ... It doesn't say we have to pay for it."


The jail has $800,000 earmarked for outside care, Morrison said, but the funds can be depleted with just a few hospitalizations.


"We had an inmate that had some type of illness from all the psychotropic drugs that he'd been taking throughout his lifetime. He was in a coma for a long time, and it was almost $300,000 for him. Now when you get just one of those out of a thousand inmates, that can really cripple your budget," Morrison told the station.


The jail referred all of CNN's questions to the county attorney, who issued only the aforementioned statement.


Sherrod hopes jail and ACH staff aren't intentionally letting people die to save money, but they've demonstrated a willingness to "roll the dice with people's lives," he said.


"They wait and wait and wait and hope it goes away. That's a formula for killing people," he said.


The lawsuits ask for unspecified compensatory and punitive damages and legal fees, and while that may provide some relief to the loved ones of those who died, Tanyatta Woods is more interested in answers: Namely, why would jail staff ignore her son's suffering for days, even after he became unresponsive?


She's not the only one wanting answers, she said. Her son was a "lovable" fellow with many family members and friends. Deundrez even kept in touch with his middle school coaches and teachers, and they, too, were shocked by his death, she said.


Until she gets her answers, she'll lean on her other son as well as Deundrez's old pals from his football and wrestling teams. They love her shrimp Alfredo, and she's more than happy to whip up a barbecue or fish fry for them.


"I still keep a house full of his football (teammates)," she said. "All the kids still come by and check on me."


CNN's Devon M. Sayers contributed to this report.



NHL legend Howe has stroke


Gordie Howe scored 801 goals in his NHL career and is considered one of the best players of all time.


Gordie Howe scored 801 goals in his NHL career and is considered one of the best players of all time.






  • Gordie Howe was a six-time Most Valuable Player in the NHL

  • He had a stroke that has affected him on his right side

  • Howe scored 975 goals in his professional hockey career

  • He is known as "Mr. Hockey"




(CNN) -- Hockey great Gordie Howe suffered a stroke this week, his son said Tuesday night.


"It has affected his entire right side," Marty Howe said. "We are all on our way to Texas to see Gordie. He is not looking good but don't give up on him yet."


Howe, 86, was inducted into the Hockey Hall of Fame in 1972. He was a member of four Stanley Cup champion teams with the Detroit Red Wings and was the NHL's Most Valuable Player six times.


"Our thoughts and prayers are with Gordie and the Howe family. Get well soon, Mr. Hockey," the Red Wings tweeted.


Howe scored 801 goals in his 26 years in two stints in the league. In between, he also played six seasons in the World Hockey Association and added 174 more goals.


The Detroit News reported that Howe had spinal surgery during the summer, according to another son, Dr. Murray Howe. But the son said Howe had been doing well in the months since the surgery and told the newspaper the hockey legend had been walking a mile a day pain free.


"So we helped him with one problem," Murray Howe, a radiologist in Ohio, told the News. "But this one is a little bit tougher to fight."


The paper reported Gordie Howe was resting at his daughter's home in Lubbock, Texas.


CNN's Kevin Dotson contributed to this report.



School shooter's cousin forgives him





  • Jaylen Fryberg sent a selfie with a gun to an ex-girlfriend, law enforcement source says

  • The shooter used text messages to get victims to sit at same lunch table, sheriff says




(CNN) -- How does a 14-year-old high school student, shot in the face and told he can never play football again, feel about his attacker?


Forgiving.


In a tweet he sent from his hospital, Nate Hatch says he forgives his cousin -- the shooter who opened fire at Marysville-Pilchuck High School in Washington on Friday.


Two students, Zoe Galasso and Gia Soriano, were killed. Two others, in addition to Nate, are still hospitalized.


The shooter, Jaylen Fryberg, took his own life.


"I love you and I forgive you jaylen rest in peace," Nate tweeted.







Witnesses say Jaylen, a popular freshman, opened fire in the crowded cafeteria after inviting the five victims to the same lunch table.


"It's our understanding he (invited them) via texting," Snohomish County Sheriff Ty Trenary said Monday.





Shooter invited victims to cafeteria




Second student dies from school shooting

Shortly before the shootings, Fryberg sent a selfie to his ex-girlfriend showing himself holding a gun, a law enforcement official told CNN. It is unclear if it was the same .40 caliber pistol used in the attack.


Rampage ended when 'hero' teacher confronted gunman


Critical condition


Of the three students who remain hospitalized, Shaylee Chuckulnaskit, 14, and Andrew Fryberg, 15, are in critical condition. Nate is in satisfactory condition.


Like Nate, Andrew is also a cousin of the shooter.


Don Hatch, Nate's grandfather, said his grandson has another surgery scheduled for Thursday.


Nate was walking with the aid of nurse when the grandfather went to see him Monday morning. But doctors told Nate he can never play football again due to his facial injuries, Hatch said.


"He just wants to let people know that he's OK. He's getting better," Hatch said.


Nate himself tweeted, "Worst pain ive ever felt in my life."







Hatch said Jaylen's family is struggling and like everyone else wants to know why this happened.


'It wasn't just random'





Grandfather: Gunman targeted his cousins

Investigators in Marysville have not provided details, but students offered up accounts that painted a terrifying, chaotic picture.





Shooting victim's grandfather speaks out

Fellow student Jordan Luton was finishing his lunch in the cafeteria when he heard a loud bang.


He saw Jaylen go up to a table of students, "came up from behind ... and fired about six bullets into the backs of them," Jordan told CNN. "They were his friends, so it wasn't just random."


Share your perspective on guns with CNN iReport


Grief, disbelief


By all accounts, Jaylen was a popular student. Just a week ago, he had been named the high school's freshman homecoming prince.


"It's weird to think about, because you see him and he is such a happy person," sophomore Alex Pietsch said. "You never really see him be so angry and so upset. ... It was just surprising to me that him, out of all people, would be the one."


CNN's Kevin Conlon, Pamela Brown, Jake Tapper and Evan Perez contributed to this report.



Father: Sons beaten, called 'Ebola'





  • Two boys just returned from Senegal were beaten at a Bronx public school, their father says

  • The father said the attackers yelled "Ebola" at his sons

  • NYC schools chancellor said her office will investigate

  • CNN poll: 81% think somebody in U.S. will be infected with Ebola soon




(CNN) -- Fears over Ebola have made the jump from pundits to the playground.


On Friday, a group of students attacked two of their peers at I.S. 318 in the Bronx while yelling "Ebola" at the brothers who had recently returned from Senegal, the boys' father told CNN Newsroom Tuesday.


The New York Department of Education confirms the incident occurred, saying the boys were pushed and shoved.


Ousmane Drame, the boys' father, said the boys felt so upset by their experience that they want to go back to Africa.


Ebola outbreak: Get up to speed


"They were made fun of by the children (who) started yelling, 'Ebola. Ebola. Ebola. Africa. Africa," Drame said his sons told him.


Charles Cooper of the African Advisory Council, a local advocacy group, said that during lunch, one of the boys was jumped by the students who had been calling him "Ebola." When his older brother intervened, the brother also was assaulted.


Drame said classmates refused to play with his sons in gym.


"We're done playing with you. You have Ebola," he said one of the bullies told his sons. "You sit down. ... They don't want to play with them. Nobody is close to them."


"We will not tolerate intimidation or bullying of our students," NYC Schools Chancellor Carmen Farina said in a statement, "especially in this moment when New Yorkers need to come together."


Who shouts 'Ebola'?


'The stigmatization of Ebola'


Farina added that her office is investigating and that they've sent staff to "mediate the incident."


Cooper said these young children are bearing "the stigmatization of Ebola and something needs to be done."


The boys, according to the their father, were born in the United States. Senegal, the country they returned from, has had only one case of Ebola. On October 17, the World Health Organization declared that nation free of Ebola.


"They want to go to school," their father said. "I need to find a new school."


But perception isn't always fueled by fact.


In the first week of October, the CDC received 800 calls from Americans concerned about Ebola.


When a doctor in Manhattan became that New York City's first Ebola patient, everything he'd touched since he returned from Guinea came under scrutiny. A bowling alley he visited underwent decontamination as headlines asked whether Ebola could be transmitted via a bowling ball.


Poll on Ebola attitudes


According to a new CNN poll, 81% of Americans polled think it's likely someone in the United States will be infected with Ebola in the next few weeks.


But only about a quarter think that will happen in their community. A slight majority approve of the federal government's handling of the disease and fully 71% are confident the feds can prevent a nationwide outbreak.


But the poll did show that three in 10 would like noncitizens traveling from West Africa to be prevented from entering, even in absence of any symptoms.


"We cannot allow the Ebola epidemic to stigmatize a single population," said U.S. Rep Jose Serrano of New York.


The congressman, who represents the part of the Bronx where the two boys were attacked, said in a statement: "Ebola is not a West African problem, or even an African problem, it is a global health concern. Instead of feeding into the fear and discriminating against others, we need to come together in solidarity as we grapple with this terrible disease."


Or as Cooper with African Advisory Council put it to News 12: "We don't want to see any of our children being bullied in any school. They are there to learn and they're there to be kids."


CNN's Sho Wills contributed to this report.



U.S. troops in Italy after Ebola mission





  • American troops who helped fight Ebola in West Africa are under "controlled monitoring" in Italy

  • The Italian government expressed concern about the troops when they returned to Italy from Liberia

  • CNN spoke with Maj. Gen. Darryl Williams via a military video conferencing system




Washington (CNN) -- They're just back from the Ebola hot zone, they can't have any physical contact with family or loved ones and their plastic forks are being burned after each use.


But American troops quarantined in Italy have good morale and are proud of their work against the "silent enemy" of Ebola, according to Major General Darryl Williams, who is being isolated alongside his men at the Army base in Vicenza.


U.S. Army personnel will continue to be placed in 21-day quarantine as they return home to their base in Italy, according to Williams, commander of US Army forces in Africa, who spoke to CNN from within the isolation area by military video conference.


He said he and his initial team of about a dozen American personnel are in day three of what the Army calls 'controlled monitoring' at the American military base in Vicenza, Italy. He said none of his team so far are showing any symptoms.





Obama: U.S. leading way against Ebola




Will nurse still sue New Jersey?

"The morale is high and very comfortable with the contribution we made," said Williams, who added that 75 more service members will return this week to quarantine on the Vicenza base.


Williams emphasized Ebola "is a silent enemy" for the US military and noted the military mobile labs for Ebola testing on the ground are the front line of the Pentagon's effort to help.





U.S. troops in 'controlled monitoring'




Renowned AIDS activist on Ebola quarantines

The quarantine procedure is meant to reassure both military families and the Italian government that the US is doing everything it can to protect troops, the families and the surrounding communities, Williams said. He noted the Italians had expressed concerns about troops returning to Vicenza after serving in Liberia for 30 days on the initial mission to set up a military effort there to aid in the Ebola crisis.


Latest Ebola developments


No outside contact, food utensils burned


Williams outlined to CNN the quarantine conditions in detail. He said food is left in a room by a team that departs before the soldiers in isolation enter the room. Then Williams and his team come in to eat and leave. After that the utensils - generally plastic ware - are collected and burned. The troops are taking their own temperature twice a day.


There is no physical contact with the outside world, but there is access to phones and the internet. And Williams said the entire team is remaining busy with regular military business and physical fitness.


"The team provided us the ability to have exercise equipment, so the folks are eating well, they are exercising and I am currently talking to you from one of my smaller headquarters, and I have the ability to get on computers and interface with my family," Williams said. "I am a grandfather, I talk to my daughter and granddaughter on Skype."


Ebola: Who is patient zero?


Quarantine adds logistical challenge to deployment


All the military members are well aware of the controversies and uncertainties about Ebola back in the United States, Williams said, noting at one point he even had to discuss protection measures with his mother. As the initial U.S. military commander in Liberia, Williams traveled extensively in Liberia, but said numerous precautions were taken for all the troops. He noted he never came into direct contract with people ill with Ebola but did tour some Ebola testing areas. He said he generally kept a three foot distance and constantly washed his hands. At one point during his time in the hot zone his temperature was taken eight times a day.


The Army is the only service so far requiring mandatory controlled monitoring of its personnel. A senior U.S. official told CNN that a recommendation on what type of monitoring should take place for all troops is expected to go to Defense Secretary Chuck Hagel this week and a decision could be made fairly soon. There are more than 1,000 U.S. troops on the ground in Africa, with as many as 3,000 more set to deploy, and many of them may not come into contact with local citizens or military on ground. The major complication however may be the sheer logistics of keeping such a large number of people in 21 day isolation.


Complete coverage on Ebola



Nurse is Ebola-free, grateful





  • Nurse Amber Vinson has been released from an Atlanta hospital

  • Boy, 5, in New York has respiratory infection, not Ebola, officials say

  • Vinson is one of two nurses diagnosed with Ebola after treating Thomas Eric Duncan

  • Duncan died on October 8; Vinson became ill days later




(CNN) -- A second Dallas nurse who contracted Ebola is being released Tuesday from an Atlanta hospital and is free of the virus, according to Emory University Hospital's Dr. Bruce Ribner.


The nurse, Amber Vinson, was diagnosed with Ebola about two weeks ago.


Dressed in a gray suit, Vinson stood at a podium and briefly spoke at a news conference. She said she was "grateful to be well" and thanked God for giving her the hope and strength to fight the disease.


She also thanked former Ebola patients Dr. Kent Brantly and Nancy Writebol for trying to help by donating plasma to her and other patients.





Obama: U.S. leading way against Ebola

Vinson's grandparents were at the news conference with her, and she thanked them and the rest of her family before hugging the medical staff who participated in her care, one by one.





Expert: Where is the Ebola team?




Dad: Sons beaten by peers, called 'Ebola'




Australia imposes visa ban over Ebola

Ribner said that Vinson "has recovered from her infection with Ebola virus, and she can return to ... her community and to her life" without any concerns of transmitting the virus.


Vinson is one of two Dallas nurses who was diagnosed with Ebola after treating Liberian citizen Thomas Eric Duncan, the first person to be diagnosed in the United States with the virus. Duncan, who had symptoms after flying from Liberia to Texas in September, was admitted to Dallas' Texas Health Presbyterian Hospital but died on October 8.


The other nurse, Nina Pham, was treated at a National Institutes of Health facility in Maryland before being declared Ebola-free Friday. She was discharged from the hospital that day and met President Barack Obama at the White House before returning home.


Vinson was initially hospitalized at Texas Health Presbyterian Hospital, where she worked and contracted the virus. She was transferred to Emory University Hospital on October 15.


Dr. David Lakey, commissioner of the Texas Department of State Health Services, released a statement Tuesday, saying, "We are so pleased that Amber Vinson has been declared free of Ebola."


"Through excellent health care and her own courage, she beat the disease," the statement read. "We wish her the best as she transitions back to a normal life, and we welcome her back home to Texas."


Vinson should be "commended for her strength and courage," Texas Health Presbyterian Hospital said in a separate statement.


Ribner said that the Emory hospital staff has learned "a great deal" about handling Ebola cases after having successfully treated four patients with the virus, including Vinson. The staff has learned lessons about fluid and electrolyte management and that physicians can aggressively treat Ebola patients even when they become dependent on dialysis, he said. Emory is sharing those lessons with colleagues in West Africa and across the United States, Ribner said.


Complete coverage on Ebola


A heavy toll


Obama said Tuesday that Americans deployed to West Africa since August have had a positive impact in the fight against the Ebola virus.


"They are starting to see some progress in Liberia. That's thanks to the incredible work and dedication of folks from the United States who are leading the way in helping Liberia, Guinea and Sierra Leone," Obama added, referring to the three West African countries hit hardest by the disease.


Ebola has killed more than 4,900 people, mostly in Liberia, Sierra Leone and Guinea, and infected thousands more in what health officials call the worst outbreak of the disease in history. The World Health Organization has said that the mortality rate in the current outbreak, starting with the first death in December, is about 70%.


Ebola outbreak: Get up to speed


Vinson's release leaves only one confirmed Ebola patient -- Dr. Craig Spencer, 33 -- in a U.S. hospital. Spencer, who was diagnosed with Ebola last week in New York after being in contact with Ebola patients in Guinea, was in serious but stable condition in a New York hospital Tuesday, according to New York health officials.


U.S. facilities have treated nine Ebola patients in recent months; Duncan is the only one who has died. All but Vinson and Pham contracted the disease in West Africa.


Many of the nine patients were given experimental treatments and transfusions of plasma from Ebola survivors, though doctors have cautioned that they're not sure whether the measures helped.


Meanwhile, a patient tested for Ebola was negative for the virus, a spokeswoman for the University of Maryland Medical Center in Baltimore said Tuesday morning. The center had said a day earlier that it was treating a potential Ebola patient.


Child doesn't have Ebola but remains hospitalized


A 5-year-old boy who recently visited West Africa and had a fever tested negative for the virus in New York, health officials said. A respiratory infection caused the child's temperature to spike, which initially caused concern that he might have had the Ebola virus, New York City's Bellevue Hospital Center reported Tuesday.


The boy is being taken out of isolation, CNN has learned, but he'll remain hospitalized.


Read more: Timeline of Spencer's activities after returning home


U.S. troops quarantined


American service members remain in quarantine at an Army base in Vicenza, Italy, after returning from West Africa, said Maj. Gen. Darryl Williams, the commander of U.S. Army forces in Africa.


Read more: Hear Williams talk to CNN from quarantine


Williams is isolated with his men.



The magic number for Democrats





  • AFL-CIO political director Mike Podhorzer is worried about Democrats' standing with working class voters

  • Podhorzer: "Democratic victories are powered by the votes of the people who are more financially stressed"




Washington (CNN) -- The number making Mike Podhorzer anxious these days is 15.


That's the lead Democrats have over Republicans among working class voters in the final days of the 2014 midterm elections, according to his polling at the AFL-CIO, the nation's largest labor federation. That might seem good for Democrats, but in modern times, the party always wins voters making $50,000 or less.


For Podhorzer, the AFL-CIO's political director and one of the Democratic party's top thinkers on voter turnout, it's the spread that matters.


"Democratic victories are powered by the votes of the people who are more financially stressed," Podhorzer said in an interview with CNN at the labor federation's Washington offices, just up the street from the White House. "That's been the case going back to the New Deal. When working class people turn out and vote Democratic, that more than compensates for the advantage that Republicans have among upper income voters."


READ: CNN poll: Voters are angry


In other words, with GOP dependably winning upper-income Americans, it's up to Democrats to run up the numbers with downscale voters, who made up about 40% of the electorate in the last election.


When Democrats clobber Republicans nationally among working class voters — as they did by 22 points in 2012 — they win. When the margin is tighter — it was only an 11-point win for Democrats in 2010 — they lose.


The 55-40 lead Democrats are clinging to among people making under $50,000 is wider than the 50-39 lead they had earlier this summer, making this year's outcome harder to predict. Podhorzer said it does explain why Democrats are still in the hunt heading into next Tuesday, suggesting that next week's election won't resemble the GOP tidal wave of 2010.


But it still makes him nervous.


Too many Democratic campaigns have failed to rally their working class base, Podhorzer said, choosing instead to run on wedge issues -- like Sen. Mark Udall's relentless opposition to a personhood amendment in Colorad -- rather than broader economic populism.


"It's very dangerous," he said. "I think that picking niche issues and trying to run on a collection of issues and contrasts in this environment is less effective than mobilizing the voters they need to turn out."


"Throughout this cycle, polls have shown Republican voters to be more enthusiastic, because Democrats have been taking an approach in general that's more about slicing into independent voters and into the middle, and has left the base fairly unmotivated," he said.


READ: CNN poll: Americans confident in Ebola response


The Democrats who have nurtured working class voters with an economic message — like Gary Peters in Michigan and Al Franken in Minnesota — aren't getting much national attention, he said, because they have pulled away from their opponents and aren't being covered by the horse-race-obsessed media.


Tight races are not breaking open in the final days, an indicator of "the cynicism and apathy that people have." But even with a motivated base, Podhorzer said Republicans are still not where they would like to be heading into Election Day.


"It's really remarkable how many close races there are right now," he said. "And unlike 2010, Republicans are not making inroads into blue territory. In 2010, they were able to win Senate races in Pennsylvania, Wisconsin, New Hampshire and so forth. This time around they may be able to win races like Colorado or others, but they are not changing the presidential map at all. They have their work to do to figure out how to get the map from the way it looks now to a winning map in 2016."


Podhorzer, an engineer of the progressive movement's superior voter turnout machinery, said the battle on election day will be about get-out-the-vote mechanics.


He framed the contest as a test of the GOP's "wholesale GOTV" — paid media and base enthusiasm in a good Republican year — versus the "retail GOTV" of the Democratic coalition that relies on the party's technological advantages and focuses on person-to-person contact and.


WATCH: Hillary Clinton clarifies 'jobs' remarks


The AFL-CIO's super PAC, Worker's Voice, is part of the field program Democrats are counting on in tough Senate and gubernatorial races in place like North Carolina, Iowa, Wisconsin and New Hampshire.


"The Democrats' retail GOTV has gotten much, much stronger than in 2010, when the base was even more disillusioned," he said. "Democrats will do a better job on retail GOTV, and have more of the personal networks on the ground to pull people out. It's going to be interesting to see how effective that can be."



Ann Romney blasts Democrat for slur





  • Ann Romney is slamming a slur uttered by a Democratic candidate for South Carolina governor

  • Romney to CNN: "It hit me right in my gut:

  • Romney didn't say whether her husband would run for president again




Washington (CNN) -- Ann Romney, the wife of former GOP presidential nominee Mitt Romney, condemned South Carolina Gov. Nikki Haley's Democratic challenger after he mistakenly called her a "whore" — and then chuckled.


"When I first heard about it, it hit me right in my gut," Romney said in a Monday phone interview with CNN. "My nerve endings went haywire. It's so upsetting when you know someone can say something like that about a woman, and not have any kind of reaction. It's so unacceptable. Nikki is a great girl and has been a great governor."


The Democrat, Vincent Sheheen, made the comment at a campaign event late last week in Florence. In the midst of attacking Haley's education record, Sheheen stumbled over his words and told the crowd, "We are going to escort whore out the door."





Are the Romneys done running?




Ann Romney launches new medical center




Running for office? Ask spouse first

READ: Jeb Bush back in the spotlight


The slip-of-the-tongue was clearly accidental, and Sheheen immediately corrected himself, saying, "We're going to escort her out the door." But when some in the audience picked up on the verbal faux pas and started applauding, Sheheen grinned and laughed along with people in the crowd. Video of the event went viral.


Sheheen apologized for the moment in a radio interview on Monday. "But if anybody heard, and certainly my words were garbled ... I apologize because I don't want to send that message to anybody," he said, according to The State newspaper.


Haley leads Sheheen by double digits in recent polling and is expected to win a second term next week. Romney, who came to know Haley during the 2012 presidential campaign when she was one of the Mitt Romney's top GOP supporters, said she spoke to the governor by phone about the flare-up.


Romney said the incident is discouraging to women who want to be in the political arena. Haley, she noted, weathered attacks on her personal life and her Indian-American heritage in past campaigns.


"We need to make sure we have a safe place so that other women can feel like they can do this and these kinds of things aren't going to happen to them," Romney said. "You get so sick of saying there is bias out there, but if a Republican had said this, it would be blowing up in their face like nobody's business. Where is EMILY's List? Where is N.O.W.? Where are they?"


Romney aides made her available for an interview on Sheheen's comments. Her remarks come amid heightened interest in whether her husband will launch a third bid for the White House. She said the family has no timeline for making a decision.


"A lot of people are talking about it, but honestly Mitt and I aren't," Romney said. "Mitt has been very clear. Events may change. We don't see them changing. But you are never going to say never. Right now we are looking to see these other candidates come forward."


Ann Romney still done with 2016, but never say never


She offered a larger critique of the so-called Republican "war on women" — a campaign strategy that Democrats used to devastating effect against Romney in 2012. Romney argued that the message has lost its potency in 2014, though Democrats say women's issues have kept them in the hunt in several tight Senate races from Colorado to North Carolina.


READ: How the war on women is changing


"People are saying, this isn't working anymore," Romney said. "It was a ploy in the last election. I think they thought it was effective, and they are trying again this cycle. But I hope the electorate is getting tired of these broad brush statements that work on people's emotions, that are inaccurate, that try to marginalize one candidate or another. I get even more upset when I see other women trying to use these tactics and approaches. We have to be better than that."


Romney said women voters care about a broad array of issues — national security, the economy, education — beyond just social issues like abortion rights and access to contraception.



Boston suspect's friend convicted





  • Robel Phillipos convicted of lying to federal agents in Boston Marathon bombing probe

  • He is a friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev's

  • Federal jury found another friend, Azamat Tazhayakov, guilty of obstructing justice

  • A third friend, Dias Kadyrbayev, pleaded guilty to conspiring to obstruct justice




(CNN) -- Robel Phillipos, a friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev's, was convicted Tuesday on two counts of lying to federal agents investigating the 2013 bombing, according to the U.S. attorney's office.


Prosecutors said Phillipos lied to investigators about being in Tsarnaev's college dorm room at the University of Massachusetts-Dartmouth after the bombing.


He faces up to eight years in prison on each count and a $250,000 fine. He will be sentenced January 29.


After the verdict, U.S. Attorney Carmen Ortiz said thousands of citizens assisted law enforcement in identifying and tracking down the suspects following one of the most significant events in Boston's modern history.


"A federal jury concluded that Robel Phillipos did just the opposite," she told reporters. "He lied to agents when he could have helped. He concealed when he could have assisted. It is a crime to lie to law enforcement agents, and that is why Robel Phillipos was charged and why the jury found him guilty today. But this case also reminds us that our public safety network relies on every citizen in the commonwealth."









Dias Kadyrbayev, left, with Boston Marathon bombing suspect Dzhokhar Tsamaev in a picture taken from the social media site VK.com. Kadyrbayev is expected to plead guilty August 21 to charges in connection with removing a backpack and computer from Tsamaev's dorm room after the April 2013 bombing, according to a defense lawyer.Dias Kadyrbayev, left, with Boston Marathon bombing suspect Dzhokhar Tsamaev in a picture taken from the social media site VK.com. Kadyrbayev is expected to plead guilty August 21 to charges in connection with removing a backpack and computer from Tsamaev's dorm room after the April 2013 bombing, according to a defense lawyer.



Bombing suspect Tamerlan Tsarnaev was killed during the shootout with police in Watertown, Massachusetts, on April 19, 2013. He is pictured here at the 2010 New England Golden Gloves.Bombing suspect Tamerlan Tsarnaev was killed during the shootout with police in Watertown, Massachusetts, on April 19, 2013. He is pictured here at the 2010 New England Golden Gloves.



Dzhokhar Tsarnaev was captured in a Boston suburb on April 19, 2013, after a manhunt that shut down the city. In July, he pleaded not guilty to killing four people and wounding more than 200.Dzhokhar Tsarnaev was captured in a Boston suburb on April 19, 2013, after a manhunt that shut down the city. In July, he pleaded not guilty to killing four people and wounding more than 200.



From left, Azamat Tazhayakov and Dias Kadyrbayev went with Boston bombing suspect Dzhokhar Tsarnaev to Times Square in this photo taken from the social media site VK.com. A federal grand jury charged Tazhayakov and Kadyrbayev with obstructing justice and conspiracy to obstruct justice relating to the removal of a backpack from Tsarnaev's dorm room after the bombings. Tazhayakov was convicted of conspiracy and obstruction charges in July 2014. He faces up to 25 years in prison at his sentencing in October. He has filed an appeal.From left, Azamat Tazhayakov and Dias Kadyrbayev went with Boston bombing suspect Dzhokhar Tsarnaev to Times Square in this photo taken from the social media site VK.com. A federal grand jury charged Tazhayakov and Kadyrbayev with obstructing justice and conspiracy to obstruct justice relating to the removal of a backpack from Tsarnaev's dorm room after the bombings. Tazhayakov was convicted of conspiracy and obstruction charges in July 2014. He faces up to 25 years in prison at his sentencing in October. He has filed an appeal.



Robel Phillipos, a U.S. citizen, was also arrested on May 1, 2013. He was charged with lying to federal agents about the bombing, according to court papers.Robel Phillipos, a U.S. citizen, was also arrested on May 1, 2013. He was charged with lying to federal agents about the bombing, according to court papers.



Phillipos, Tazhayakov and Kadyrbayev are accused of removing items from Tsarnaev's dorm room after the bombings on April 15, 2013. The items they took included a backpack containing fireworks that had been "opened and emptied of powder," according to the affidavit.Phillipos, Tazhayakov and Kadyrbayev are accused of removing items from Tsarnaev's dorm room after the bombings on April 15, 2013. The items they took included a backpack containing fireworks that had been "opened and emptied of powder," according to the affidavit.



The FBI released photos and video on April 18, 2013, of two men identified as Suspect 1 and Suspect 2 in the deadly bombings at the Boston Marathon. They were later identified as Dzhokhar Tsarnaev, 19, and his brother Tamerlan Tsarnaev, 26.The FBI released photos and video on April 18, 2013, of two men identified as Suspect 1 and Suspect 2 in the deadly bombings at the Boston Marathon. They were later identified as Dzhokhar Tsarnaev, 19, and his brother Tamerlan Tsarnaev, 26.



Boston Police released surveillance images of Dzhokhar Tsarnaev at a convenience store on April 19, 2013.Boston Police released surveillance images of Dzhokhar Tsarnaev at a convenience store on April 19, 2013.



The FBI tweeted this photo on April 19, 2013, and urged Watertown residents to stay indoors as they searched for the second suspect.The FBI tweeted this photo on April 19, 2013, and urged Watertown residents to stay indoors as they searched for the second suspect.



The FBI released photos and video on April 18, 2013, of two men it called suspects in the deadly bombings and pleaded for public help in identifying them. The men were photographed walking together near the finish line.The FBI released photos and video on April 18, 2013, of two men it called suspects in the deadly bombings and pleaded for public help in identifying them. The men were photographed walking together near the finish line.



A man identified as Suspect 2 appeared in this photograph by bystander David Green, who took the photo after completing the Boston Marathon. Green submitted the photo to the FBI, he told Piers Morgan in an interview.A man identified as Suspect 2 appeared in this photograph by bystander David Green, who took the photo after completing the Boston Marathon. Green submitted the photo to the FBI, he told Piers Morgan in an interview.



The man identified as Suspect 2 appears in a tighter crop of David Green's photo.The man identified as Suspect 2 appears in a tighter crop of David Green's photo.



Authorities later identified Suspect 1 as Tamerlan Tsarnaev.Authorities later identified Suspect 1 as Tamerlan Tsarnaev.



Suspect 2 was identified as Dzhokhar Tsarnaev.Suspect 2 was identified as Dzhokhar Tsarnaev.



Suspect 1 walks through the crowd.Suspect 1 walks through the crowd.



Suspect 1 walks through the crowd.Suspect 1 walks through the crowd.



Suspect 1 walks through the crowd.Suspect 1 walks through the crowd.



Both suspects are seen walking through the crowd.Both suspects are seen walking through the crowd.



Suspect 2 walks through the crowd.Suspect 2 walks through the crowd.



Suspect 2 walks through the crowd.Suspect 2 walks through the crowd.



A photo released by the FBI highlights Suspect 2.A photo released by the FBI highlights Suspect 2.



A photo released by the FBI highlights Suspect 2.A photo released by the FBI highlights Suspect 2.



Suspect 2 walks through the crowd. See all photography related to the Boston bombings.Suspect 2 walks through the crowd. See all photography related to the Boston bombings.




Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings

Suspects tied to Boston bombings






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Photos: Suspects tied to Boston bombingsPhotos: Suspects tied to Boston bombings



Defense attorneys Derege Demissie and Susan Church said their client will appeal the verdict.


"Basically ... the jury found that he was present in the room while others did what they did in this case," Church said.


Defense lawyers argued that Phillipos, a Boston native, was a "frightened and confused 19-year-old" when authorities questioned him several times in the days following the April 15, 2013, bombing, which killed three people and wounded more than 260.


"I don't believe that Robel Phillipos has ever been more angry at a person than he was at Dzhokhar Tsarnaev when Robel found out that Dzhokhar Tsarnaev did what he did in this case," Church said after the verdict. "He was absolutely mortified. It was an unbelievable feeling of shock and betrayal that somebody that he knew could commit such atrocious and horrible acts."


Police believe Tsarnaev and his older brother, Tamerlan Tsarnaev -- who was killed by police after the attacks -- set off the two bombs near the race's finish line.


Phillipos attended high school with the younger Tsarnaev at Cambridge Rindge and Latin School in Cambridge, Massachusetts.


According to court documents, Phillipos hadn't seen or talked to Dzhokhar Tsarnaev for at least two months before the bombing. He was taking a semester off from the University of Massachusetts-Dartmouth and was only on campus the night of April 18, 2013, for a seminar.


His attorneys said that Phillipos was under tremendous pressure when he was interrogated and didn't have a lawyer at the time to help him.


Phillipos' presence on campus that night is a case of "sheer coincidence and bad luck," the defense lawyers said.


Phillipos was living with his mother, an Ethiopian who immigrated to the United States in the 1980s and is now employed as a social worker.


In July, a federal jury found another friend of Dzhokhar Tsarnaev's guilty of obstructing the investigation into the attack.


The jury found Azamat Tazhayakov guilty of obstructing justice and conspiring to obstruct justice in connection with the removal of a backpack with potential evidence from Tsarnaev's dorm room after the bombings. Tazhayakov will be sentenced November 19.


A third friend of Tsarnaev's, Dias Kadyrbayev, pleaded guilty in August to conspiring to obstruct justice and obstructing justice with the intent to impede the bombing investigation. He will be sentenced November 18.


Prosecutors said Phillipos repeatedly lied to investigators when he denied that he entered Tsarnaev's dormitory room and saw Kadyrbayev remove a backpack containing fireworks on the evening of April 18, 2013.


At trial, prosecutors showed that Phillipos saw the images released by the FBI of the suspected bombers and recognized Dzhokhar Tsarnaev. On April 18, Phillipos went with Tazhayakov to Tsarnaev's dormitory room, where he and Tazhayakov watched as Kadyrbayev searched through Tsarnaev's belongings and found a backpack containing fireworks.


When Kadyrbayev, Tazhayakov and Phillipos left Tsarnaev's room at 10:30 p.m., Kadyrbayev removed Tsarnaev's backpack containing fireworks, a jar of Vaseline, and Tsarnaev's laptop computer, prosecutors said. Later that night while Tazhayakov and Phillipos watched the manhunt for the Tsarnaevs on television, Kadyrbayev discussed getting rid of the backpack with the fireworks with them.


Kadrybayev placed Dzhokhar Tsarnaev's backpack in a garbage bag and dropped it in a trash bin outside their apartment. The FBI recovered the backpack a week later at a landfill.


Kadyrbayev and Tazhayakov are both nationals of Kazakhstan who were temporarily living in the United States on student visas while attending the University of Massachusetts-Dartmouth.