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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SALT LAKE CITY, Utah — It’s beginning to look a lot like Christmas, well kind of. Cities across the U.S. still may be trying to deck the halls, but a COVID-19 Christmas just looks and feels different.For people of faith, a season full of worship and togetherness will be missed."They do feel isolated," said GlenRoy Watson, a bishop with the Church of Jesus Christ of Latter-day Saints.Watson’s congregation is made up of about 100 families."Normally at Christmas, we'd eat dinner and hang out and have a Christmas presentation," he said.This year, religious celebrations need to be held at home, but he had an idea."I'm just hoping that everyone will learn a little bit more about each one another and just continue to feel united," Watson said.He asked all families in his congregation to make a home video about their traditions or fond holiday memories to share with each other."It will be kind of like a mini movie," he said."For our Christmas tradition we read the story of Jesus Christ," congregation member Denise Cordero said as she sat with her young daughter by their Christmas tree and spoke to her iPhone camera.For church piano player VerLynn Brink, playing Christmas hymns for everyone at her church is what she will miss most."This is one of my favorite memories of Christmas," she said as she recorded a video on her phone while playing her piano. "I had one of my favorite memories of Christmas in France.”Now, she plays for an audience of one."It’ been a challenge, but I’ve tried to make a point every day to call somebody just so I feel connected," Brink said.She said she is looking forward to the virtual viewing party in the days ahead.At the McGuire home, they are trying to keep the magic of Christmas alive while still focusing on their faith."With this year being a little bit different, we have started some new traditions," Drew McGuire said.The family said they miss meeting with their church family more than ever."This year, I feel like a lot of people have struggled with things and there hasn’t been a lot to feel hopeful about these days," McGuire said.They hope the family video they’re making will help brighten others' days."Merry Christmas everyone," the family said in unison on their video recording.As the videos came pouring in to GlenRoy Watson, it's his family’s turn to record their own video."We love celebrating and learning more about the nativity," Watson said as he smiled at his family.So, even if most families' Christmas celebrations will take place on a living room couch instead of a church pew, the message is the same."We love our savior, Jesus Christ and we still care and support each other even if we can't all be together," Watson said. 2707

SAN DIEGO - A landlord in the College Area near San Diego State says the homeless problem is getting worse, and it's keeping people from renting in the neighborhood.Suhail Khalifeh owns six homes near El Cajon Boulevard and Montezuma Road. He says one of them has sat empty for six months because renters are worried about the sight of homeless people in the area."When people come and see the scenes of homeless all around and smell the urine in the atmosphere, they leave and never come back," says Khalifeh.Khalifeh says he finds trash, drugs and feces in the bushes near his properties.The neighborhood has dealt with the problem for months. Last July, neighbors complained that a nearby vacant lot was becoming a camping ground for homeless people. The owners of the lot increased security and cleaned the lot out.RELATED: Neighbors fed up with homeless trash on undeveloped lotKhalifeh says that didn't solve the problem; it just moved the homeless closer to the homes."One of my tenants has seven children. She has to give them rides to the library next door," he says. "It's 50 feet away, and she doesn't feel safe for her kids to walk to the library."Khalifeh showed surveillance video to 10News of a homeless man threatening one of his neighbors. He also has video of people meeting in the middle of the night for what he thinks are drug deals.A search of the website crimemapping.com shows 46 criminal reports filed in the area within the last month.Khalifeh says the police do an excellent job at responding, but they can only offer short-term solutions. He wants the city to do more to address the bigger issue."They live in the street," he says. "In the daytime, they're in the street, and at night they go to the parking lot of the library." 1764

SAN DIEGO -- Video taken Tuesday shows people climbing on top of the border fence near Friendship Park near the Pacific Coast US/Mexico border as the migrant caravan approaches.According to a Border Patrol spokesperson, agents are keeping watch on the U.S. side of the park, but aren’t aware of anyone climbing all the way over onto the U.S. side of the beach.Border Patrol says it’s technically not legal for people to sit on the fence because it’s on U.S. soil, but no arrests are being made at this time.It’s unclear whether or not the group is with the migrant caravan.The incident comes as U.S. Customs and Border Protection announced the closure of several northbound border lanes in San Ysidro and Otay Mesa.The closures are expected to cause delays. 765