cases

ANCHORAGE — Alaska prosecutors are dropping voter misconduct cases against a group of residents born in American Samoa after a state appeals court threw out felony charges against a woman who wrongly checked a box saying she was a U.S. citizen.

The state’s Department of Law announced the decision Friday, after a three-judge Court of Appeals panel ruled a week earlier that state law requires proof that defendants who erroneously filled out voter registration forms had a “consciousness of wrongdoing” and intended to break the law.

The panel found flaws with a state trooper’s questioning of Tupe Smith, the woman involved in the case that was thrown out, as well as with the grand jury process that led to her indictment. It overturned a lower court’s decision that had kept the charges against her alive.

Acting Alaska Atty. Gen. Cori Mills said in a statement that after reviewing the decision and applying it to the facts, prosecutors concluded that they could not prove cases against Smith and the others beyond a reasonable doubt. Her husband, Michael Pese, had also been charged.

“We respect the role of the courts in interpreting Alaska law and will faithfully execute our duty to apply the law and carefully evaluate our prosecutorial decisions,” Mills said.

In a statement Saturday, Smith’s lawyer Whitney Brown said the dismissal would allow the community “to put this ordeal behind them and begin moving forward.”

Earlier in the week, she heralded the Court of Appeals decision, saying it “establishes an important safeguard against imposing felony liability for an honest mistake.”

The court “made clear that Alaska law requires more than simply showing that a statement was false — the State must prove a person acted with a consciousness of wrongdoing,” Brown said. “That distinction makes a world of difference to Ms. Smith and helps ensure that Alaska’s voter-misconduct statute is applied as the legislature intended going forward.”

Neil Weare, part of the legal team representing Smith and Pese, said Saturday that the decision to drop charges “raises questions about why this prosecution was even brought to begin with.”

“It’s clear that all along, they really had no evidence of any consciousness of wrongdoing on the part of Michael, Tupe or the other defendants,” said Weare, co-director of the nonprofit Right to Democracy.

In all, 11 people from the small community of Whittier, about 50 miles southeast of Anchorage, were charged with falsely claiming U.S. citizenship either when registering or trying to vote. Messages seeking comment were left for their lawyers.

American Samoa is the only U.S. territory where residents are not automatically granted citizenship by being born on American soil and instead are considered U.S. nationals. Paths to citizenship exist, such as naturalization, though that process can be expensive and cumbersome.

American Samoans can serve in the military, obtain U.S. passports and vote in elections in American Samoa, but they cannot hold public office in the U.S. or participate in most U.S. elections.

Smith was arrested after winning election to a regional school board in 2023. She has said she relied on erroneous information from election officials in Whittier when she identified herself as a U.S. citizen on voter registration forms.

Smith said she marks herself as a U.S. national on paperwork. But when there was no such option on voter registration forms, she was told by city representatives that it was appropriate to mark herself as a citizen, according to court papers.

Prosecutors contended that Smith falsely and deliberately claimed citizenship, pointing to warnings on voter registration forms she filled out in 2020 and 2022 that noncitizens “are not eligible to vote.”

The Court of Appeals panel said in its ruling that toward the end of a police interview, a state trooper asked Smith “a long compound question that implied that Smith actually knew she was not eligible to vote” but wanted to be involved in the school board.

When Smith, whose native language is not English, did not respond right away, another state trooper clarified, “He’s asking you,” and the first trooper again presented his question, which the panel described as “a lengthy and complex statement containing four individual questions.”

Smith answered “Yes,” the panel said, leading to her arrest and indictment on two counts of felony voter misconduct.

DRC detected the outbreak of the rare Bundibugyo virus in mid-May; nearly 3,400 people have since died.

More than 7,000 Ebola cases have been recorded in the Democratic Republic of the Congo’s (DRC) worst outbreak of the deadly disease, according to figures from Congolese authorities.

The DRC officially detected the latest outbreak in mid-May, but experts suspect it had been spreading under the radar for weeks before.

Of the 7,022 registered cases, 3,398 people have died, according to DRC authorities. Currently, 837 people are in isolation or receiving treatment.

The outbreak of the rare Bundibugyo virus, DRC’s 17th Ebola epidemic, began in the northeastern Ituri province.

It has since spread across conflict-plagued, remote eastern and northern regions where armed groups have roamed for decades, the presence of the state is weak and health infrastructure is largely lacking.

Earlier this week, one case of the disease was confirmed in a seventh province, South-Ubangi, which is in the northwest of the country bordering the Central African Republic and Congo-Brazzaville.

Most of the recorded cases remain in Ituri, where Ebola has been detected in schools in the days after the post-summer holiday return to classes, causing alarm among parents and health workers.

“We are very worried because we don’t know which child comes from which family or what the health status of the members of that family is,” Angele Magani, a mother of a schoolboy in Bunia, Ituri’s provincial capital, told the AFP news agency.

“We are so scared, even though the school authorities reassure us about the health measures that have been put in place,” she added.

Bunia school official Roger Mungimbo told AFP that “there is a mandatory hand-washing system with soap, and we have also done everything possible to have a maximum of 30 pupils per classroom”.

“We regularly make the children aware that they must not touch each other, must not greet each other and must wash their hands regularly,” he added.

Ebola, which has killed more than 15,000 people in Africa over the last 50 years, is transmitted through contact with bodily fluids and can cause severe internal and external bleeding and organ failure.

The world’s deadliest outbreak in West Africa in 2014-2016 was the Zaire Ebola virus. That epidemic killed more than 11,325 people, mainly in Guinea, Liberia and Sierra Leone.

The Bundibugyo strain currently seen in DRC has no approved vaccine or treatment currently, although several potential treatments and vaccines are being tested.

Gov. George Deukmejian named on Monday Ventura County Superior Court Judge Kenneth R. Yegan to join the state 2nd District Court of Appeal, fulfilling the judge’s longtime dream of becoming an appeals court justice.

If a judicial review panel confirms Yegan’s nomination to the court’s 6th Division on Dec. 27, he will replace Justice Richard W. Abbe, who retired Nov. 28 after eight years on the three-member court.

“If I get confirmed on the 27th, I’ll take the oath right on the spot and hope to report to work the next day,” said Yegan, 43, of Westlake.

The review panel, composed of Supreme Court Justice Malcolm Lucas, Atty. Gen. John K. Van De Kamp and presiding 2nd District Court of Appeal Justice Lester Roth, is scheduled to meet next week in Los Angeles to discuss Yegan’s qualifications.

If confirmed, he will consider appeals cases from Ventura, Santa Barbara and San Luis Obispo counties with Justices Steven J. Stone and Arthur Gilbert, who have served on the 6th Division bench since it was established in 1982.

“Without even thinking about it, I’m really ecstatic about the appointment,” said Gilbert, who has reviewed Yegan’s Superior Court opinions on appeal and worked with him when Yegan served as a temporary appeals justice in the summer of 1986.

“I think he’s as good as you can get. He’s just first-rate,” Gilbert said. “He supports his point of view with well-reasoned statements of decision on the Superior Court, and he did the same thing when he was here.”

Stone said Yegan has a reputation for being able to handle all levels of appeals work, from doing legal research to writing the final draft of opinions.

“I have a lot of respect for Ken and I think that he will work very well with us,” Stone said. “I’m looking forward to it.”

Yegan said that Deukmejian called him Friday to offer him the seat. He said the governor swore him to secrecy until Monday, but gave him permission to tell his family.

“My wife was home with my oldest daughter and she was screaming, and my daughter was screaming,” Yegan said. “After they calmed down a little bit she asked me if I could pick up my youngest daughter from ballet and asked if I could go to the store and pick up some things. . . .and that’s when I knew things hadn’t changed.”

The focus of Judge Yegan’s work has not changed much from his first days in law. He said he has been fascinated by appeals work ever since law school.

“I took all the courses I could in law school in appellate practice,” Yegan said. “It’s intellectually challenging and it’s very stimulating to figure out where the facts meet the law and. . . .which is the better-reasoned opinion.”

Yegan graduated in 1972 from the University of the Pacific’s McGeorge School of Law in Sacramento and began work as a deputy in the Ventura County public defender’s office, handling trials and appellate cases.

Beginning in 1975 he worked as a senior attorney in the appeals court’s 5th Division in Los Angeles, researching cases and helping justices write opinions. In January, 1983, Gov. Edmund G. Brown Jr. appointed him to the Ventura County Municipal Court.

Deukmejian elevated him to the Superior Court in July 1986, where he tried criminal, civil and cases appealed from Municipal Court.

In recent months, Yegan said, letters urging his nomination have flowed into the governor’s office from County Dist. Atty. Michael D. Bradbury, Sheriff John V. Gillespie, three Supreme Court justices and a variety of appeals court justices, trial court judges and lawyers.

Abbe said of Yegan’s appointment: “His work when he was. . . .here was excellent. He was knowledgeable, he was able to evaluate cases quickly and accurately and make sensible decisions.”

Aug. 26 (UPI) — Meta agreed to pay up to $18 billion to 48 states, the District of Columbia and three U.S. territories on Wednesday, in settlements resolving lawsuits over the mental health risks its social media platforms pose to children as well as spearate privacy claims.

Court filings state that the settlements, pending judicial approval, include payments of $16.68 billion to 51 U.S. jurisdictions, more than $1 billion to Texas and another $459 million to 46 states, Puerto Rico and Northern Mariana Islands to resolve privacy claims tied to the 2018 Cambridge Analytica data scandal.

The filings also state that Meta must implement safeguards on its platform for minors, including limits on daily use, blocking access at night, more parental tools, stricter age-assurance standards, the hiding of likes on posts and banning cosmetic-procedure filters, among other measures.

California Attorney General Rob Bonta announced that his state may receive between $1.5 billion and $2.1 billion in the settlement.

“Today, we have secured a settlement with Meta that will make social media less dangerous for our kids and make a world of difference for children and their families,” Bonta said in a statement. “Meta has agreed to make massive transformations that will reduce the risk of harm from its platforms — and will do it within months.”

Meta said that 70% of the funds will be distributed over a 10-year period, with the remaining 30% to be released only after Alphabet-owned YouTube and ByteDance’s TikTok implement a one-hour dayily limit, night mode and age-assurance measures as well as each pay a matching $5.3 billion.

The Mark Zuckerberg-led Meta said the structure was designed to enforce an industry-wide adoption of the measures it has agreed to and ensure teens receive the same level of protection across major social media platforms.

“Because teens move fluidly across dozens of apps, we need an industry-wide solution. We therefore call on our industry peers, TikTok and YouTube, to implement this new framework, right away,” C.J. Mahoney, chief legal officer at Meta, said in a statement.

As part of the settlement, all parties, including Meta, waive all rights to appeal the final judgment.

“The focus of this case was to protect our kids: stopping notifications and alerts at night and when they are in school, encouraging them to take breaks from social media, protecting them against harmful features,” Phil Weiser, Colorado attorney general, said in a statement.

The cases brought by U.S. states are among several across the globe investigating social media companies over the harms they pose to children. Elsewhere, countries, such as Australia, have implemented age restrictions and called for the end to addictive features that encourage compulsive use, such as endless scrolling.

Meta still faces additional lawsuits in the United States still. Several school districts and individuals have filed lawsuits against Meta and other social media platforms for contributing to mental health problems among children.

Case fatality rate climbs to nearly 48 percent in the DRC, meaning almost one in two people infected with Ebola are dying.

The Ebola outbreak in the Democratic Republic of the Congo (DRC) has reached  5,515 confirmed cases of infection and killed 2,642 people, with 51 new cases detected in Ituri and North Kivu provinces, according to the latest government figures.

The update on Sunday came as Pope Leo called for ⁠international action to help contain the epidemic, which is now the deadliest Ebola outbreak in the DRC’s history.

Declared in mid-May, it is the DRC’s 17th Ebola epidemic and was designated a Public Health Emergency of International Concern by the World Health Organization (WHO), its highest alert level, also covering neighbouring Uganda.

The outbreak is now on track to surpass the deadliest Ebola epidemic on record, which was the 2014–2016 outbreak in West Africa that killed more than 11,000 people.

According to government figures, the case fatality rate in the DRC has climbed from about 20 percent in early June to nearly 48 percent now, meaning almost one in two people infected are dying.

Contact tracing, however, has improved sharply, from 30 percent in June to more than 85 percent.

The disease has also proved deadly for those fighting it. About 160 health workers have been infected, and about 45 have died, according to the WHO.

Efforts to contain the outbreak, however, have been hampered by armed conflict in the affected provinces, displacement, attacks on medical personnel and facilities, a mobile working population and a lack of critical infrastructure.

Vaccines arrive in DRC

There is no approved vaccine or treatment for this particular strain of Ebola, known as Bundibugyo, which is rarer than the virus type behind most past outbreaks.

The WHO has pledged 70,000 doses of the Ervebo vaccine, which is licensed for Ebola and has been effective in past outbreaks. According to the global body, early data from animal trials suggest it may offer some protection against Bundibugyo.

Some 16,250 doses of the vaccine arrived in the DRC on Friday.

WHO Director-General Tedros Adhanom Ghebreyesus and other officials said the response in the DRC needs to be scaled up two to threefold to contain the outbreak and reach every affected area.

They also called for more support and protection for front-line health workers, including protective equipment, timely payment, and access to rapid diagnosis and high-quality supportive care if they fall ill.

Abdulsalami Nasidi, a public health consultant who helped establish the Africa Centres for Disease Control and Prevention, told Al Jazeera that the outbreak was “getting out of hand”.

He blamed weak infection control measures and a lack of trust between authorities and affected communities for the continued transmission.

“This is no longer just a national or regional issue; it is a global issue. If it spreads to neighbouring places with lower immunity, it will be a disaster,” Nasidi added.

The WHO currently rates the risk to the global public as low, but warns that the danger inside the DRC remains very high.

Despite the surging cases, Uganda and several health zones in DRC’s Ituri and South Kivu have interrupted transmission, which the WHO said is evidence that rapid detection, decisive leadership, and community cooperation can break the chain of transmission.

At the Vatican on Sunday, Pope Leo offered prayers for the DRC, “in light of the spread of the Ebola epidemic, which is sadly ⁠claiming many lives”.

The pontiff also called for global action to help save lives.

“I urge the international community to ⁠respond in a way that also involves local communities ⁠in prevention efforts to save ⁠as many lives as possible,” he said.