Why is he still in prison after 26 years . Announcer this is Nbc Nightly News with Lester Holt good evening, everyone new York Governor Andrew Cuomo has given up his fight to hold on to office, facing serious allegations of sexual Misconduct And Harassment in the workplace. Cuomo announced today that he will be resigning from office. In an address to New Yorkers cuomo maintained he never crossed the line with anyone but suggested the line has been redrawn. News of his planned exit welcomed tonight by his accusers. A growing figure on the national stage at the start of the pandemic, cuomo had been mired in scandal even before last Weeks Bombshell Report which detailed alleged behavior with nearly a dozen women that ran from inappropriate to illegal. Kathy park is in Albany Tonight with late details i think that given the circumstances the best way i can help now is if i step aside and let government get back to governing. And therefore, thats what ill do Reporter Threeterm new York Governor Andrew Cuomos dramatic Fall From Grace my resignation will be effective in 14 Days Reporter the son of famed new York Governor Mario Cuomo Andrew Cuomo became a regular national presence on tv during New Yorks Peak Covid Outbreak but hes since been embroiled in scandals over Nursing Home deaths, the publishing of his book and allegations of sexual harassment, all allegations he continues to refute. In my mind ive never crossed the line with anyone. But i didnt realize the extent to which the line has been redrawn. Reporter Cuomos Resignation comes exactly one week after the release of a scathing report from the states Attorney General, alleging the governor sexually harassed 11 women. Democratic leaders welcoming Cuomos Decision to step down. I respect the governors decision. Reporter but President Biden, who had called on cuomo to resign, also saying this when asked about Cuomos Performance as governor aside from his personal behavior. Hes done a hell of a job. Reporter cuomos Accusers Today also reacting to the news it feels like a weight is off of my shoulders, and hopefully i can move forward and be happy again. Is this resignation enough for you its not. He didnt take responsibility he didnt really apologize. Watching his Press Conference Today and his resignation, he almost still had the attitude as though he is the victim. When he is not the victim he is the victimizer reporter cuomo said his resignation was meant to avoid a long and expensive impeachment. But that process may still go forward and if convicted, cuomo could be barred from ever seeking State Office again lieutenant governor Kathy Hochul will take over in two weeks, becoming the states first female governor. She said today shes prepared to lead lester all right Kathy Park in albany lets bring in our political Director And Moderator of Meet The Press chuck todd. Chuck, what does this mean for the democratic party in New York and nationally well, its a Big Sigh Of Relief both for democrats in New York and for democrats nationally cuomo a national Brand Name he had the ability to drag this out. It could have sullied democrats up and down the ballot, could have cost them a couple of house seats, which could cost them control of congress. But now thats not there. And now the democrats have the rest of this Calendar Year to regroup. So while hes not been an asset to the democratic party for a year, on this move he actually helped the party and put the party before himself all right chuck todd, thanks the covid situation worsening tonight, especially in parts of the country with lower vaccination rates. Almost 167 Million now fully vaccinated that brings us to just over 50 cases up by over 190,000. And 630 new deaths reported according to an Nbc News count. Morgan chesky is in hardhit texas this evening. Reporter Tonight Delta driving Covid Cases to dangerous highs. The variant now tied to 93 of u. S. Infections the biggest spikes coming in texas, missouri, florida and arkansas, where monday brought its largest Singleday Increase in hospitalizations since the start of the pandemic patients flowing into arkansas hospitals at double the national rate its worse than any of the prior surges for a whole host of reasons. Reporter with only eight icu beds left in the entire state, dr. Rawle seupaul says his hospital is seeing an increase in younger patients young, healthy people should not be dying from a viral illness, period. They shouldnt be dying from covid19. But because this particular variant is so severe, virulent and replicates very, very quickly, were seeing pretty rapid changes to the health of individuals that are infected with the virus. Reporter today President Biden speaking out about States Banning Mask Mandates despite the surge. I find that totally counterintuitive, and quite frankly, disingenuous do you have president ial powers to intervene in states like texas and florida where they are banning Mask Mandates . I dont believe that i do thus far were checking that. Reporter in texas after multiple School Districts defied the governors Mask Ban A San Antonio judge issued an order allowing local School Officials to issue their own mandate. And in kentucky the governor mandating all schools mask up. As u. S. Covid cases now top 36 million, the push to Vaccinate And Confusion over Booster Shots continues. Despite the fda urging no need for boosters, some states like mississippi are advising doctors to consider it. As Pfizer And Moderna conduct their own safety trials, texas officials confirming some people are intentionally getting more doses than they should experts say that decision is premature. I dont believe that most people should be going out and doing this on their own. Its going to cause a lot more confusion and we dont we want to actually look at the Safety And Efficacy data of third shots before we make guidance about who would benefit from it and who wont. Morgan, what do we know about the safety of getting a Booster Shot at this time . Reporter lester, the safety of the shot going to be prime topic of discussion at a Special Cdc Advisory Panel slated for this upcoming friday. In the meantime, israel is the only country to officially launch a booster program, and they report that 88 of the people who have the shot have similar or fewer Side Effects than that second dose. Lester morgan, thank you in just 60 seconds, our team is inside afghanistan as the battle for control intensifies. Were back now with what would have been the biggest political story of the day. The senate giving President Biden a victory by passing a huge Infrastructure Bill Garrett haake on what it means Reporter Tonight President Biden praising the passage of the senates bipartisan Infrastructure Bill. After years and years of infrastructure week, were on the cusp of an Infrastructure Decade that i truly believe will transform america. Reporter the 1. 2 trillion bill includes 550 Billion in new spending, including 110 Billion for roads and bridges, 25 Billion for airports, and the largest federal investment in broadband ever 65 billion. All this is extremely important and needed all over the country. Biggest investment in bridges since the interstate system. Reporter with Vice President harris presiding all 50 senate democrats voted to support the bill. Along with 19 republicans, including Minority Leader mitch mcconnell. Its a good day Elections Matter Reporter but the bipartisan spirit in the senate was gone by lunchtime. Democrats taking their first procedural vote on a separate 3. 5 trillion budget bill, packed with other priorities that they intend to pass in the face of united republican opposition. This Budget Resolution is a dream for those who want to socialize america. Its a nightmare for working People Reporter the Infrastructure Bill now moves to the house where Speaker Pelosi says she wont hold a vote on it until that larger bill passes the senate, too. Something that may not happen for months. Lester okay, garrett, thanks in afghanistan the taliban taking and threatening more governmentheld cities as the american pullout draws near while the u. S. Continues to provide some air support, it expects afghan forces to take the lead Kelly Cobiella is there. Reporter tonight the Afghan Army is trying to hold back the taliban in the norths biggest city, mazaresharif taliban fighters have taken at least six capitals since friday. Locals hid, then fled. Families who reached the capital of kabul say the militants are more brutal than ever in forcing women into marriage and killing Government Workers do you know of anyone who was killed by the taliban while you were still there . 28yearold Court Clerk Amina muhammadin told me the taliban took her colleague captive and burned her hair, then killed her. The u. S. Now three weeks from its deadline to withdraw troops, is providing some airstrikes but no backup on the ground instead sending a special envoy to the region he will press the taliban to stop their Military Offensive and to negotiate a political settlement Reporter Tonight people here are tired of war but have Little Hope for peace she says, our children have no future. As the fighting continues, the United Nations said today there are deeply disturbing reports of taliban militants executing Government Troops whove surrendered. Lester Kelly Cobiella in kabul tonight, thank you. Thousands of firefighters are battling the largest wildfire in the nation as a dangerous Heat Wave sets in our Steve Patterson is in the fire zone tonight. Reporter tonight, california is burning. The monstrous dixie fire, now the second largest fire in california history, has torched nearly half A Million acres grew up here, born here been with fire crews and this is not like anything i was with in the past reporter the historic town of greenville reduced to rubble in a matter of hours. Ive never talked about it yet what bothers me is my sister my Sisters Home is gone and she doesnt know what to do reporter as Weather Conditions worsen, the fire threatens more than 16,000 homes its one of 11 major fires burning across the state. This fire being fueled by flamespitting winds on a runway of Droughtstricken Vegetation in this oppressive heat. And its not just california a dangerous Heat Wave is sweeping the nation from the Pacific Northwest to the northeast. More than 125 Million people under extreme heat alerts for the next few days. The painful reality of a climate in chaos felt from Coast To coast. Steve patterson, Nbc News now to our Series Justice for all and the prosecutor who says politics is standing in the way of freedom for a man she believes was wrongfully convicted 26 years ago heres hallie jackson. Reporter the story starts here on this front porch where in 1994 a man was murdered the police arrested Lamar Johnson, who was tried, convicted and sentenced to life in prison thats where the story might end if circuit attorney kim Gardners Office Hadnt found this, a record of payments never disclosed to the only eyewitness in the case, who later recanted his testimony. Years later two other people confessed they were the killers, not Lamar Johnson. You believe he was wrongfully convicted yes, i do reporter so in 2019 gardner filed for a new trial. But Missouri Law says a prosecutor can only seek that within 15 days of a conviction in Johnsons Case back in 1995. 15 days thats it . Justice ends i dont think that there is time limits on Innocence Reporter a judge appointed the missouri Attorney General, republican eric schmitt, to represent the state, pitting him against gardner, a progressive democrat i think the Attorney General is afraid of someone like me thats a progressive prosecutor and what we stand for. Reporter schmitt has argued theres no mechanism to file for a new trial so long after the conviction and this spring the Missouri Supreme Court agreed it was just devastating. Reporter johnson spoke with us from the prison where he spent most of the last 26 years. His daughters just babies when he went in i havent met my grandchildren yet. Just one of the many things that ive missed out on throughout the years have you given up hope that youll get out . No. Because thats all i have reporter now a new reason to hope a new State Law set to go into effect later this month will give prosecutors like gardner more power to correct wrongful convictions even years later. But the republican Attorney General could still intervene. His office declined our repeated requests for a formal interview. Mr. Schmitt reporter so we found him after an event and asked about Gardners Suggestion hes playing politics. Thats ridiculous why i care about the people of the state. She can make whatever accusations she wants. Its not personal for me Reporter Schmitt tells us its too early to decide whether Hell Step in if gardner does File A Motion for a new trial. Do you believe theres a chance Lamar Johnson is innocent . Weve been dealing with procedural issues im asking on the innocence piece. Do you that hasnt been presented. Well wait and see whats filed deadline or a timeline when im going to file but i can assure you we will file under this new law and will Lamar Johnson be the first mr. Lamar johnson will be the first. We spoke with circuit attorney gardner, who says you will be the first Case Shell bring under that new mechanism i didnt know that. What do you think of that . Its a relief i mean, im grateful im trying to keep from crying. This is emotional for you. Why . Were talking about my life. It was wrongfully taken from me. I dont know how to explain trying to be heard, just constantly appealing to people, and theyre just shutting the door in your face. What does life look like on the other side of these doors ive never seen the ocean, never been in a plane. I want to hug my mother more important to me than anything is just being able to bond and be with my family again. So my mother can rest knowing that i didnt have to spend the Rest Of My Life In Prison for something i didnt do reporter hallie jackson, Nbc News, jefferson city, missouri Up Next for us tonight, back to School Anxiety what families need to know california, did you know our homes share power . But when we try to stay cool in a Heat Wave our supply is pushed to the limit. But you have the power to keep us up and running i do . yup, we all do with flex alerts. They notify us when to shift our Energy Use if our Power Supply is stretched. So from precooling our homes, to using less energy from 49pm, together, lets flex our power to save our power. Sign up for flex alerts today. As children return to the classroom for Inperson Learning, covid is adding a new twist. Kristen dahlgren tells us what parents need to know. Reporter this year back to School Shopping lists may have a lot more than pencils and notebooks. Number one first and foremost is going to be masks. Number two would actually be the hand sanitizer. And then the third would be those wipes to really have available to help your teacher out in a classroom setting. Reporter with 15 of new Covid Cases involving children, doctors say its important to send kids to class with covid supplies were trying to get all the kids back to Inperson Learning but now were, you know, challenged by this variant that could cause outbreaks in the School Reporter while you can get kn95 masks for children, the best mask is the one your child will wear. Make sure it fits well and consider labeling your childs mask clearly so it doesnt get mixed up pack multiple masks so they always have a backup and send a clean resealable bag to put the mask in at lunchtime. The cdc recommends staying three feet apart in school. What about school sports this year we know outdoor sports are at lower risk than indoor we do know that you should be wearing masks when youre congregating together, even if its outside reporter and as always, keep kids home if they arent feeling Well Tips Experts hope will keep everyone safe and schools open kristen dahlgren, Nbc News, New York and for some more perspective i spoke with dr. Kavita patel, an Nbc News contributor, and i asked her about the risk to children and others children are not only at risk of getting sick themselves but there is an increased risk of children giving it to other members of their household, other children and other adults are we at a point where families should consider lifestyle changes to live somewhat the way we did early in 2020 during what we referred to as lockdowns . In general, i would encourage everyone to be as conservative with their movements as possible. For the sake of having School Opening and all these activities we want to get back to. Doesnt need to be a lockdown but think about what youre doing as a household and keep it to necessary movements. If youre sending your child to school this fall, what advice should a parent give their child . Most important advice is to wear masks where possible that can be an incredible factor at protecting yourself. Ventilation, trying to be outdoors. And then bottom line, if youre sick dont send your child to school how do we get out of this . Yeah, best way to get out of it is to vaccinate as many people as possible are Alarm Bells going off in your mind when you hear stories of people selfprescribing getting a third dose on their own without any medical advice they do but, lester, its understandable from a clinical perspective we have an american public thats watching the numbers and were getting more and more data that our immunity is decreasing over time thats why i am a proponent of having the federal government, cdc and fda, weigh in on who should be getting boosters and who should not dr. Kavita patel joining us Up Next, the most unlikely best friends, inspiring america. Finally tonight, a story for the ages heres Boyd Huppert of our Minneapolis Affiliate Kare Reporter two houses separated by a fence. Benjamin olson in one, just turned 2. Mary oneill in the other, just shy of 100. This is yahtzee reporter both found themselves pandemic prisoners im playing against myself he has never really had any other friends. Reporter until Mary And Benjamin hi, Benjamin Reporter found Each Other here it comes whoo we call it Cane Ball his first best Friend Whoo bubbles. Reporter marys grand and great grandkids all live far away but now new photos of Benjamin And Baby brother. The closest thing to grandchildren i have around here reporter and as the pandemic eased its Grip Benjamin discovered youre going to open the Fence Reporter the grass is even greener when you can share a friendship same side of the fence whoo. Thats nice Dirt Reporter days passed when their yards remained empty i missed them when it was too cold for them to come out ive never known that, yeah im so happy they have Each Other reporter when friendships form, powerful forces are engineered Mary And Benjamin built a bridge over 98 years. Boyd huppert, Nbc News, minneapolis. Got to love that. Thats nightly news for this Tuesday Thanks for watching. Im Lester Holt. Please take care of yourself and Each Other. Good night, everyone yeah, i mean the thing is, people like geico because its just easy. Bundling for example. Youve got Car Insurance here. And Home Insurance here. Why not. Schuuuuzp. Put them together. Save even more. Some things are just better together, arent they . Like tea and crumpets. But you wouldnt bundle just anything. Like, say. A porcupine in a balloon factory. No. Thatd be a mess. I mean for starters, porcupines are famously no good in a team setting. Geico. Save even more when Bundle Home and Car Insurance. Next on Nbc Bay Area news tonight. Some new information if youre still on the fence about getting vaccinated. The cdc says the risks of getting covid are worse than any potential Side Effects from the shot. Persistent for months. Thats not the only symptoms being seen in kids with covid. What parents need to know as kids head back to school. Its been six months on the job. Hows he doing