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SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO (CNS) - A 69-year-old man was hospitalized this morning with a broken leg he sustained in a hit-and-run crash in the Teralta West neighborhood.The pedestrian was crossing northbound at the intersection of Orange and Central avenues at 10:15 p.m. Friday when a vehicle driving east on Orange Avenue turned north onto Central Avenue and struck the man, according to Officer Robert Heims of the San Diego Police Department.The vehicle backed up after the crash, then drove away west on Orange Avenue, Heims said.The victim sustained non-life-threatening injuries and was taken to a hospital, Heims said.The suspect vehicle was described as a light-colored, 4-door sedan, possibly a Pontiac G6 or similar vehicle. A description of the driver was not available. 774

SAN DIEGO -- As part of an initiative aimed at expanding San Diego's regional bike network, SANDAG has released a map of bikeways throughout the county. The plan, known as GO by BIKE, proposes a bike system of interconnected corridors, support facilities and programs that make biking a convenient form of travel.According to Keep San Diego Moving, making the region more bike-friendly resolves issues like traffic congestion, air quality and livability.The plan proposes a network of bike corridors that will allow residents to bike on more direct routes within and between major destinations and activity centers.The plan also supports the implementation of SANDAG’s regional comprehensive plan and SANDAG’s 2050 regional transportation plan.To promote the infrastructure, SANDAG is putting on Bike to Work Day, which will take place on Thursday, May 17.The plan also has a 0 million early action program. The program comprises roughly 40 projects totaling about 77 miles of new bikeways designed to enhance neighborhood connections to schools, shopping and parks as well as transit stations. Click on the map below to see a 2018 map of bike paths in San Diego County:   1218

SAN DIEGO (AP) — More than 30 migrants have tested positive for influenza at a major processing center where a flu-stricken teenage boy died, the latest evidence of growing public health threats posed by inadequate facilities to deal with a surge of families and children reaching the U.S. border.It was unclear if anyone ill came in contact with a 16-year-old Guatemalan boy who was held at the facility in McAllen, Texas, and died Monday, a day after he was diagnosed and transferred to a smaller station. Carlos Hernandez Vasquez was detained for six days, twice as long as generally allowed by U.S. law.The processing center is a converted warehouse that holds hundreds of parents and children in large, fenced-in pens that gained international attention last year when it held children separated from their parents. The government closed the facility after the flu outbreak, sent in cleaning crews to disinfect the building and plans to reopen it soon.RELATED: Border officials say migrants from Texas being transferred to San DiegoThe 32 sick children and adults have been quarantined at a smaller processing center, according to a U.S. Border Patrol official who spoke with reporters on condition of anonymity because there is an ongoing investigation. Their ages were unknown.Since December, five children have died after being apprehended by border agents, putting authorities under growing pressure and scrutiny to care for migrant children. Kevin McAleenan, the acting Homeland Security secretary, came under withering criticism Wednesday from a Democratic lawmaker who called the administration's actions with children "inhumane."The Department of Health and Human Services, which cares for unaccompanied migrant children, said Wednesday that a 10-year-old girl from El Salvador died last year after being detained by border authorities in a previously unreported case. The girl died Sept. 29 at an Omaha, Nebraska, hospital of fever and respiratory distress, officials said.RELATED: Flu-related illness stops intake at Texas border patrol centerThe department began caring for the unidentified girl in March 2018, said spokesman Mark Weber, who described her as "medically fragile," with a history of congenital heart defects.With the government running out of space to hold migrants, the Trump administration has been taking dramatic steps to keep up with the influx.The Defense Department said Wednesday that it will provide temporary housing for at least 7,500 men and women who are taken into custody by immigration officials along the border. It will loan tents to the Department of Homeland Security, which will manage the camps.The Defense Department will evaluate six potential sites over the next two weeks: Tucson and Yuma in Arizona and Tornillo, Donna, Laredo and Del Rio in Texas. Tornillo, near El Paso, is where unaccompanied children were housed last year.The Pentagon said military personnel will only erect the tents and won't be involved in operations.The 77,000-square foot (7,155-sq. meter) processing center in McAllen is modeled after a similar facility in Nogales, Arizona, built for an influx of Central Americans in 2014. It has separate pods for boys and girls who came alone and parents with their young children.Some older children are split from their parents to avoid having them mix with much younger children.Texas's Rio Grande Valley, which includes McAllen, is the busiest corridor for illegal crossings. The Border Patrol made 36,681 arrests in the area in April, nearly three of every four coming in family units or as children traveling alone.Border Patrol agents have averaged 69 trips to the hospital a day since Dec. 22 and about 153,000 hours monitoring detained population at hospitals, the official said.Authorities have also cleaned other holding facilities in South Texas, including Brownsville, Corpus Christi, Kingsville and highway checkpoints.Migrants are not being vaccinated at Border Patrol stations, but they may be when hospitalized, the official said. The Border Patrol is offering vaccines to agents working.A previous headline indicated the border center was located in San Diego. This is not the case. The headline has been updated to reflect the correct location of the border center. 4265

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