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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 (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968

SAN DIEGO (CNS) -- A 37-year-old man was fatally shot on the sidewalk near a parking garage in downtown San Diego's East Village neighborhood, police said Wednesday.The shooting was reported at around 10 p.m. Tuesday near the parking garage on G Street between 14th and 15th streets that serves the Albertsons grocery store, San Diego Police Lt. Andra Brown said.Officers responded and found a 37-year-old man lying on the sidewalk at the entrance of the parking garage with at least one apparent gunshot wound, Brown said.The victim, whose name was withheld pending family notification, was pronounced dead at the scene, she said."It is early in the investigation and little is known about the circumstances surrounding the man's death," Brown said.Witnesses reported seeing a man wearing a dark, hooded sweatshirt and a black hat run through the parking garage after the shooting, then turn westbound on Market Street, the lieutenant said. A detailed description of the man was not immediately available.Anyone with information about the deadly shooting was asked to call SDPD's homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1153

SAN DIEGO (CNS) - A former investigator with the Department of Homeland Security was sentenced today to more than a decade in federal prison for taking drug money seized during his work as a federal agent, then laundering the funds that he used for personal expenses.Tyrone Cedric Duren, 50, who pleaded guilty to nearly 20 federal counts last year, was sentenced to 130 months in custody, plus three years of supervised release.U.S. District Judge John Houston also ordered the forfeiture of Duren's Bonsall home, a 5,000 money judgment and restitution to the Internal Revenue Service, according to the U.S. Attorney's Office.Duren was assigned to a bulk cash smuggling task force and, as part of his work, would investigate suspected drug traffickers transporting cash.After seizing money during those investigations, he would deliberately fail to report the cash and used the money for his and his families' own personal expenditures, including real estate and international travel, according to the U.S. Attorney's Office.Over the course of several years, Duren also placed GPS trackers on vehicles used to move drug proceeds, prosecutors said.Prosecutors cited an example from 2014, in which Duren tracked a vehicle heading toward Mexico, which was stopped at a Border Patrol checkpoint.After Duren seized cash found hidden in laundry detergent boxes in the vehicle, he took more than 0,000 for himself, which was later deposited into business and personal accounts to conceal those thefts,'' the U.S. Attorney's Office said.In addition, prosecutors say he didn't file taxes in 2013 to hide stolen funds and lied ``numerous times'' to investigating agents. 1675

SALT LAKE CITY — Some pornographic websites are beginning to comply with a new Utah law requiring that warning labels be attached to adult-oriented materials.At least three major porn sites — Pornhub, XTube and RedTube — have begun attaching an opt-in notification for visitors from Utah, which says that the state believes pornographic materials can be harmful if viewed by minors."It shows for a lot of businesses, they're more concerned about their pocketbook than they are about being prosecuted," said Rep. Brady Brammer, R-Highland, who sponsored the bill earlier this year.Brammer's bill got national attention, and he faced pushback and threats of lawsuits from the adult entertainment industry when it debuted earlier this year. XHamster, another adult website, even trolled the bill by posting a parody warning on its site for Utah viewers to see.Brammer watered down the original bill, and it passed the legislature. Utah Gov. Gary Herbert, a Republican, allowed it to go into law without his signature.The law allows people to bring a private civil action in court against a site for displaying "obscene" materials, but it would require someone to go to court and have something declared "obscene."A trade group representing the porn industry said it advises websites not to comply with the new law, believing it is still unconstitutional."No matter the message, the First Amendment restricts the government's ability to compel speech. Individual companies may choose to comply because it's easier than facing lawsuits or fines. We've never advised our members to comply, and don't believe this is being done in any widespread manner, but respect that a business may make decisions that limit potential liability," Mike Stabile, a spokesman for the Free Speech Coalition, said in an email. "As with similar, previous legislation in Utah, we'll eventually see the law challenged and overturned, and at no small expense to the Utah taxpayer. That's unfortunate, because that money and energy could be spent educating people about actually effective methods of protection, like parental filters."An email sent to Pornhub requesting comment on why it began posting warning labels was not immediately returned.While no websites have challenged the law in court, Brammer believes it will hold up."So far, it's been a lot of talk. I don't think that they will, if they do bring a legal challenge, I don't think they'll be able to succeed on that," Brammer said. "We have a difference of opinion on that. They haven't felt confident enough yet to bring a legal challenge and most of the companies, rather than make the challenge and spend the money on that, they're complying."Brammer said he ultimately would like to expand the legislation to allow for people to sue an adult website, even if they don't know who owns it.But he said he was not planning to bring that forward in the 2021 legislative session that begins in January. Other states have expressed interest in running similar legislation, he said.Brammer said the warning label law has already alerted parents when their child was re-directed to an adult site, and it's educated them about parental filters.He insisted his bill did not block adults from viewing pornography, just minors."If that's where they want to go, they're going to get there. And I'm not trying to stop that," he said. "But I'm giving them a chance if that's not where they want to go."This story was originally published by Ben Winslow on KSTU in Salt Lake City. 3510

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