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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego Unified School District officials joined local House members Thursday to urge the Senate to pass a bill to secure funding they say is necessary to reopen schools safely amid the COVID-19 pandemic.The school district and local elected officials said the HEROES Act's passage would bolster efforts to obtain what they said are much-needed protective measures in order to begin in-person learning.Though San Diego County schools were given the green light to reopen this week, its largest school district started the new school year online due to safety concerns regarding the virus.SDUSD Superintendent Cindy Marten said the district has made efforts to ensure student access to remote learning capabilities and school meals, but its ultimate goal is to reopen all campuses for in-person learning.However, she said more funding is needed in order to do so safely.Marten said the district will need to purchase more personal protective equipment, increase cleaning and daily health checks, and make safety modifications to numerous school buildings in order to address safety obstacles presented by the pandemic.Kisha Borden, president of the San Diego Education Association, the union representing the district's teachers, said many of the resources needed for in-person learning "require additional funding that our schools simply do not have and did not budget for."The House of Representatives passed the HEROES Act in May, but it still requires Senate approval. The proposal allocates billion for kindergarten through 12th grade education. The counter-proposal HEALS Act would earmark billion for schools, though critics say much of the funding will go to schools that commit to physically reopening.Reps. Susan Davis, Scott Peters and Juan Vargas were among those calling for the bill's passage with district officials on Thursday."We have the best students. We have the best teachers here in California. They want to teach and these kids want to learn, but they need a safe environment," Vargas, D-San Diego, said.San Diego Unified is slated to provide a limited capacity in-person program for disadvantaged and high-needs elementary students starting later this month, but it's uncertain whether or when in-person reopening would expand past that initial phase.Marten said that in addition to physical reopening costs, funding will also be needed to continue remote learning into the foreseeable future, including for additional laptops and wi-fi hotspots. 2505

SAN DIEGO (CNS) - The city of San Diego announced a partnership with county officials Monday to address staffing and capacity concerns for a program that assists frequent 911 callers and reduces the strain on the county's emergency response centers.The San Diego Fire-Rescue Department's Resource Access Program launched as a pilot program in 2008 and has both contracted and expanded since.The program connects frequent 911 callers, many of whom deal with homelessness, mental illness, substance abuse and other medical issues, to local health and housing services.According to the city, roughly 90% of people in the RAP who call 911 more than 30 times annually are homeless. Although the program's members make up fewer than 1% of the city's population, they generate roughly 20% of its 911 calls.``Using a data-driven approach, we are identifying those San Diegans who need specialized care and connecting them with the help they need so they don't have to call 911,'' Faulconer said. ``It's a shining example of how the city and county can work together to find solutions to our region's mental health crisis.''The program reduced its size in 2017 due to a lack of funding, according to the city. As a result, the number of patients with more than 50 911 calls per year increased from one in 2016 to 26 in 2018. Last month, the program added six new positions as the city and county aim to restore its effectiveness to a level similar to earlier in the decade.``Our region needs action tackling the challenges of providing mental health services and this city-county collaboration is critical to helping meet that need,'' Fletcher said. ``Teams of trained medical and mental health professionals from the county and city through the Resource Access Program can quickly take action to help people experiencing a behavioral health emergency. This partnership exemplifies a great spirit of cooperation and progress.'' 1926

SAN DIEGO (CNS) - San Diego City Council President Georgette Gomez announced Thursday she will place a proposed ballot measure to expand police oversight and create an Independent Police Practices Commission on the docket for the June 23 council meeting."The murder of George Floyd has exposed a crumbling faith in government and mistrust of police that must be addressed immediately," Gomez said. "It's critical that we build trust between communities and law enforcement and restore the public's faith in police oversight. We need to address the reality that many communities have been treated unfairly by police and have nowhere to turn to correct injustice."During a marathon meeting Tuesday that lasted about 10 hours, dozens of people phoned in during the public comment period and called for defunding the police and voicing support for the Black Lives Matter movement."I want the public to know that we are advancing the Independent Police Practices Commission measure without delay, and my hope is to bring together everyone on the council -- Democrat, Republican, Independent -- for a unanimous vote," Gomez said. "The time is now to create real dignity and respect for all our communities, but specifically our black and brown communities."Gomez said she has supported the measure since a version of it was proposed in 2017.The measure would create an independent commission with investigators, staff and subpoena power -- modeled after the city's Ethics Commission -- to review community complaints of police misconduct and recommend reforms to the City Council and the San Diego Police Department.Councilwoman Monica Montgomery, who chairs the council's Committee on Public Safety and Livable Neighborhoods, has been a driving force behind the measure since its introduction."From the beginning of my administration, my office has worked honestly and diligently to advocate for police reform, through transparency and accountability measures," she said. "As true transparency and accountability champions, we have been steadfast in changing the conversation around police reform through open communication with the community, the San Diego Police Officers Association and the mayor's office."Montgomery thanked the groups which collaborated on the ballot measure, including Women Occupy San Diego, the Earl B. Gilliam Bar Association and San Diegans for Justice.On Monday, Mayor Kevin Faulconer and Police Chief David Nisleit both announced their support for the police-reform ballot measure and joined Gomez and Montgomery to announce that the SDPD would ban the use of the carotid restraint, a compliance technique that renders uncooperative detainees unconscious but can prove deadly if performed improperly.The San Diego County Sheriff's Department and about a dozen other area law enforcement agencies have since announced that they will do the same. 2876

SAN DIEGO (CNS) - San Diego County health officials reported another huge jump in COVID-19 cases -- 833 -- but no additional deaths today, bringing the county's total to 65,501 cases, with the death toll remaining at 926.Monday was the sixth consecutive day that more than 600 new coronavirus cases were reported by the county. The 833 cases reported Monday are the second most the county has announced in a single day during the pandemic, following a record high of 1,087 reported Sunday and a then-record 736 Saturday.On Wednesday, a then-record 661 cases were reported in the county -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday.The San Diego County Sheriff's Department announced Monday that 55 of 70 inmates in the 1C module of the George Bailey Detention Facility had tested positive for COVID-19.``Fifteen tested negative, but are nevertheless being isolated and monitored due to their exposure,'' said sheriff's Lt. Ricardo Lopez. ``At this time the outbreak is limited to one module, but is the most significant COVID-related event to date in our jail system.''``Our population has been stable near 4,000, however, consideration will be given to conducting additional releases if necessary as we continue to monitor our population and the COVID-19 pandemic,'' he said.County Supervisor Nathan Fletcher said the increasing case numbers are coinciding with surges in hospitalizations and positivity rates.``This is a stark reminder that COVID is real, is spreading and must be taken seriously,'' Fletcher said Sunday. ``At this point, we are pleading with the public to take action to slow the spread: Wear a mask, physically distance, and limit contact with those outside of your household.''Dr. Wilma Wooten, the county's public health officer, added that in the weeks following Halloween, the record case jump is a warning sign that people ``need to follow public health guidance throughout the upcoming holiday season.''The rapid rise in cases comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries are able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted. Schools are able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.In response to rising cases statewide, Gov. Gavin Newsom imposed more restrictive guidelines on Monday that pushed the vast majority of California counties into the restrictive purple tier.Of the total number of cases in the county, 4,212 -- or 6.4% -- have required hospitalization and 960 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit. 3856