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SAN DIEGO (CNS) - The California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - San Diego County will remain in the red tier of the state's four-tier COVID-19 reopening plan for at least another week, the California Department of Public Health confirmed Tuesday.The county's state-calculated, adjusted case rate is 6.8 daily infections per 100,000 residents, up from 6.7 the previous week. The unadjusted case rate was 7.2, up from 7 last Tuesday. The adjusted rate is due to San Diego County's high volume of tests, but still leaves the county on the precipice of the state's most restrictive tier -- purple.The testing positivity percentage is 3%, considerably less than last week, and that number would qualify for the third -- or orange -- tier.To remain in the red tier, the county must continue to have an adjusted case rate of less than 7.0 per 100,000 residents and a testing positivity percentage of less than 5%.A new metric the state released Tuesday is the health equity metric, which finds the positivity rate of the county's least healthy quartile. San Diego County's health equity is 5.7%, almost double the county's average positive testing percentage.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by U.S. Census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City.According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier. Wooten said that complicated metric will be explained this week when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.The metric will be used to determine how quickly a county may advance through the reopening plan, San Diego County Public Health Officer Dr. Wilma Wooten said last Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.To advance to the orange tier, the county would need to report a metric of less than 5.3%.The California Department of Public Health will update the county's data next Tuesday, Oct. 20.County public health officials reported 195 new COVID-19 infections on Monday, raising the total to 50,746 cases. The number of deaths in the region from the illness remains at 826.Of the 7,573 tests reported Monday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,424.Of the total number of cases in the county, 3,692 -- or 7.3% -- have required hospitalization and 854 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.One new community outbreak was reported Monday in a restaurant/bar setting. In the past seven days, 46 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Over the weekend, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom. Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state. 3892

SAN DIEGO (CNS) - The onetime head of a South Bay parent-teacher association was sentenced today to three years probation for embezzling around ,000 from the organization.Kaitlyn Faith Birchman, the former president of the Imperial Beach Charter School PTA, pleaded guilty in February to a felony forgery count. Had she gone to trial and been convicted of forgery and grand theft, she would have faced a potential three-year, eight-month prison sentence, according to the prosecution.Per the terms of her probation, Birchman will have to complete 15 public work service days and make ,000 in restitution to the PTA. If she pays the ,000, her forgery conviction will be reduced to a misdemeanor, according to prosecutors.Birchman, 30, was taken into custody in early January at her Temecula home on an arrest warrant issued in November. She cooperated with investigators, according to Sgt. Karl Miller, who said the thefts occurred over a roughly year-long period. At the time, Birchman's children were attending the charter school, he said. 1057

SAN DIEGO (CNS) - The California Highway Patrol is reporting no fatalities and 26 drunk driving arrests in San Diego County for the Labor Day weekend period of 6 p.m. Friday to 6 a.m. Sunday.Last year for the same period, there were 40 DUI arrests and no fatalities in the county, according to the CHP.Across California, the CHP reported 551 DUI arrests and 18 fatalities for the same period. Last year, they reported 717 DUI arrests and 11 fatalities.The DUI arrests are only those made by CHP officers, while fatality statistics are for all law enforcement agencies.Statewide, 13 vehicle occupants were killed in CHP jurisdiction, six without safety belts. There were four motorcyclists killed in CHP jurisdiction, one without a helmet.The CHP investigates all crashes on freeways, and on all roads in unincorporated areas. 833

SAN DIEGO (CNS) - The death toll in an outbreak of hepatitis A in San Diego has reached 16, and 421 people have been sickened with the disease, the county Health and Human Services Agency reported Tuesday.The figures are associated with an outbreak that began last November and has struck the homeless population and users of illicit drugs particularly hard.RELATED: San Diego to begin spraying down streets to control Hepatitis A outbreakPatients who contracted hepatitis A, which attacks the liver, in a manner unrelated to the outbreak aren't included in the statistics.The new numbers were released the same day the city of San Diego began a pilot program to keep 14 public restrooms in Balboa Park open 24 hours a day. Under direction from county health, the city on Monday began washing down streets and sidewalks in the East Village with a bleach formula.Also, around 40 hand-washing stations were set up around the city -- concentrated in areas where the homeless congregate -- around the beginning of the Labor Day weekend.RELATED: City and County of San Diego provide handwashing, vaccines to stop Hepatitis A outbreakOn Wednesday, a proposal to declare an emergency in San Diego over the outbreak and a lack of shelter space is scheduled to go before the City Council's Select Committee on Homelessness.Councilman David Alvarez suggested the declaration nearly two weeks ago, calling for immediate action because of the fatalities. In response, the office of Mayor Kevin Faulconer said the declaration was unnecessary, since the city was taking steps to combat the illness.County officials, meanwhile, are continuing a program of vaccinations, which are considered to be the best way to prevent hepatitis A. The disease is spread by contact with microscopic amounts of infected feces and via sexual transmission.RELATED: Hepatitis A outbreak ravages San Diego homeless populationMore than 7,000 shots have been given to people considered to be at-risk of acquiring the disease, and over 19,000 shots given out in total, according to the HHSA.In January's annual tally of the area's transient population, 5,619 homeless individuals were counted in the city of San Diego, a 10.3 percent increase from last year. Of those, 3,231 were living on the streets. 2287

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