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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 has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS and KGTV) - The San Diego Humane Society announced Thursday that its Humane Law Enforcement division conducted a one-day sweep of pet stores and issued more than 100 citations for violations of a partial state ban on the sale of dogs, cats and rabbits.Assembly Bill 485, which went into effect at the beginning of this year, requires pet stores to get their animals from a partnered shelter or rescue center in an effort to curb the sale of pets from so-called puppy mills and kitten factories that breed animals for sale en masse, often in inhumane conditions.Humane Law Enforcement officers issued 39 citations to Broadway Puppies and 38 to Bark Avenue, both located in Escondido, for failing to provide a documented agreement with a public or private animal shelter or rescue organization, according to Humane Society spokeswoman Dariel Walker. Officers also issued 25 citations to Pups & Pets in Santee for improper signage on the cages holding its available animals, she said.RELATED: 26-pound cat helping raise awareness on pet obesity10News spoke to Mindy Patterson, Co-President of "The Cavalry Group," an organization that represents animal businesses. One of their members is Broadway Puppies in Escondido. Patterson said AB485 treats legitimate pet stores unfairly."To mandate that a store is required to obtain and source their animals for sale, from a specific source is unconstitutional," Patterson said. "All I know is that our members are in accordance with the law."Patterson said she wants the public to recognize the difference between illegitimate backyard breeders and USDA-certified breeders. She said both of them are often lumped into the same negative category of "puppy mills.""They are licensed, regulated and regularly inspected facilities that meet very stringent standards," Patterson said. Cavalry Group co-founder Mark Patterson said the store "and its parent organization are faithfully following the letter of the law in this case and will be exonerated of these citations. Other pet stores in San Diego County have been subject to similar harassment by SDHS only to have the citations dismissed in court."Representatives of the other two pet stores could not immediately be reached for comment on the citations, which were issued during a countywide sweep Wednesday of pet stores under the Humane Society's purview.Last July, the county's Department of Animal Services ceded nearly all countywide animal control duties to the Humane Society, except unincorporated areas of the county that are served by the department's shelters in Carlsbad and Bonita.RELATED: San Diego Humane Society sees surge in young wildlife in need of care"My advice is beware," said Humane Law Enforcement Officer Allen Villasenor. "As a brand-new law takes effect, people will use different methods to try to circumvent the law and at this point it's our job to make sure everything is in compliance. I always suggest looking into shelters first, go to the adoption agencies first and see if you can find the right fit for your family there."Residents can report possible violations of the state pet sale laws by calling the Humane Society's Law Enforcement division at 619-299-7012. 3221

SAN DIEGO (AP) — The San Diego Padres are bringing some serious swagger and talent to their first postseason appearance in 14 years, against their old nemesis, the St. Louis Cardinals.Led by 21-year-old Fernando Tatis Jr., Manny Machado and Wil Myers, the Padres will host the St. Louis Cardinals in Game 1 of a best of three wild-card series on Wednesday.First pitch is set for 2:08 p.m., and the game will air on ESPN2.Says Tatis: "Man, we're good."The star shortstop was only 8 years old when the Friars last made the postseason in 2006. That season, San Diego won the National League West Division and faced the Cardinals in the Division Series.The Cards beat the Padres 3-1, and they eventually took home the World Series championship by defeating the Detroit Tigers.St. Louis will start left-hander Kwang Hyun Kim (3-0, 1.62 ERA), who pitched at Petco Park for Korea in the 2009 World Baseball Classic.San Diego will counter with right-hander Chris Paddack (4-5, 4.73), who has had a seesaw season.Numbers to know heading into the series:St. Louis Cardinals (30-28, second in the NL Central) vs. San Diego Padres (37-23, second in the NL West)The Padres are 21-11 on their home turf; the Cardinals have gone 16-15 away from home.REGULAR SEASON TOP PERFORMERS: Wil Myers leads the Padres with 31 extra base hits and is batting .288; Tyler O'Neill leads the Cardinals with seven home runs and has 19 RBIs.LAST 10 GAMES: Padres: 5-5, .215 batting average, 3.87 ERA, outscored opponents by three runs; Cardinals: 6-4, .209 batting average, 3.43 ERA, outscored opponents by two runs. 1592

SAN DIEGO (CNS) - A bill that would keep court hearings related to the release of Sexually Violent Predators open to the public was unveiled Tuesday by a state senator who worked with the San Diego County District Attorney's Office to craft the legislation.SB 1023, dubbed the Sexually Violent Predator Act, would prohibit proceedings related to Sexually Violent Predators -- or SVPs -- from being held behind closed doors, particularly when the hearings involve potentially releasing the offenders to a conditional housing program in the community.Recently, hearings regarding the proposed release and placement of SVP Alvin Ray Quarles, 57, otherwise known as the "Bolder-Than-Most" rapist, were held behind closed doors in San Diego County Superior Court.Judge David Gill kept the hearings under wraps due to privacy concerns over the potential disclosure of Quarles' psychiatric reports.The closed-door nature of the hearings drew protests from victims' advocates, include two of Quarles' victims, Mary Taylor and Cynthia Medina.Sen. Patricia Bates, R-Laguna Niguel, who authored SB 1023, issued a joint statement with San Diego County District Attorney Summer Stephan, saying SVP hearings should be held in open court "unless compelling and extraordinary circumstances justify closing the courtroom to the public.""District Attorney Summer Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason," Bates said. "Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released."Gill ruled last year that Quarles should be released to a conditional housing program, though that decision is currently being appealed by the District Attorney's Office.Quarles, who was previously sentenced to 50 years in prison for committing more than a dozen sexual assaults in the mid-to-late 1980s, was slated to be housed at a residence in Jacumba Hot Springs, but that agreement fell through."This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually violent predators are open to the public," Stephan said. "As District Attorney, I hear the pain from victims who've been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system."The bill is awaiting referral to a Senate policy committee, Bates' staff said. 2544