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SAN DIEGO (CNS) - In a 3-1 vote, the San Diego City Council Environment Committee approved a resolution declaring a climate emergency in the city of San Diego Thursday.The resolution has no council action attached, but voting for it is the first step toward getting more meaningful ordinances in front of the full city council. San Francisco, San Jose and Sacramento have all declared climate emergencies. Councilmember Jennifer Campbell, who chairs the environment committee, said the resolution was a necessary process."By passing this resolution today, we'll be joining more than 1,300 other cities in 25 countries in declaring a climate emergency," she said. "Climate change in San Diego is not a what-if, it's what's now."RELATED: San Diego Mayor Faulconer addresses homeless, housing issues in final State of the CityCampbell said that in the last 100 years, San Diego had witnessed nine inches of sea level rise."It's well past the time to sound the alarm," she said.Councilmember Barbara Bry said that when the council passed the Climate Action Plan in 2015 (a comprehensive plan to reduce emissions and take other climate change steps citywide by 2035), it was setting an example. She hoped by passing the resolution, other cities around the country would follow in San Diego's footsteps.RELATED: Lawmakers consider overhaul to California's bottle and can recycling programCouncilmember Scott Sherman, the lone dissenting vote, didn't get into the politics of the resolution, instead voting no on procedural grounds."I have to ask questions, and one of the questions I always ask is what happens after this is passed?" He said.Jordan Beane, Campbell's communications director and the author of the resolution, said that the committee and city staff would take time to "add teeth" to the resolution before bringing any ordinance before the full council.Sherman said, as a rule, he didn't vote for resolutions as they do not enact change. He also said that he would be "looking forward to" staff adding more substantial items before taking a meaningful vote. 2073

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - A man convicted of sex crimes against children in Northern California who was recommended for conditional release to a Pauma Valley home will no longer be considered for placement in San Diego County, prosecutors said Friday.Joshua Cooley, 40, is classified as a Sexually Violent Predator, a designation for those convicted of sexually violent offenses and diagnosed with a mental disorder that makes them likely to re-offend.According to the San Diego County District Attorney's Office, Cooley was convicted in Humboldt County of sex crimes against underage girls.The Department of State Hospitals recently recommended placing Cooley at 15077 Adams Drive after attempts to find a suitable Humboldt County location were unsuccessful, according to the DA's Office.The address is the same location where another Sexually Violent Predator, Joseph Bocklett, was recently recommended for release. San Diego County Superior Court Judge Howard Shore ultimately decided against the placement, ruling that it would bring the 76-year-old Bocklett too close to areas frequented by families.San Diego County District Attorney Summer Stephan lodged a strong objection to Cooley's proposed placement, citing Shore's ruling and the potential risks to the public."Ignoring and overlooking Judge Shore's thorough, thoughtful and well- reasoned conclusions and continuing to consider this location for placement of an SVP is reckless and irresponsible," Stephan wrote in a letter to Liberty Healthcare and the California Department of State Hospitals, which are tasked with locating suitable post-release housing for sexual predators.Stephan wrote that if the placement was considered inappropriate for Bocklett, a senior citizen, the much younger Cooley represented an even greater risk.According to the DA's Office, Liberty Healthcare has stated that the recommendation was made in error, and the Department of State Hospitals no longer feels the Pauma Valley address is a suitable location for Cooley. An Oct. 9 virtual court hearing was scheduled in Humboldt County Superior Court to discuss the proposed placement, but that hearing has since been vacated."This placement would have put children and families at risk, so we went to battle alongside our community, and we prevailed," Stephan said. "I want to acknowledge that the system worked in that the State Department of Hospitals gave serious consideration to our concerns and spared us from an extended legal battle in court. They showed that they care about our community. I also want to acknowledge the SAFE Task Force, led by the sheriff's department, for all their work giving notification and gathering input from the community. As always, the DA Sex Crimes and Human Trafficking Division demonstrated their commitment to keeping our children safe and the community stood firmly with us in stopping this placement." 2888

SAN DIEGO (CNS) - A lawsuit has been filed on behalf of 40 women against Pornhub's parent company for hosting videos produced by former San Diego-based website GirlsDoPorn.com, the owners and operators of which are facing federal sex trafficking charges.The plaintiffs, identified as Jane Does 1 through 40 in the lawsuit filed Tuesday in San Diego federal court, allege Montreal-based MindGeek owns and operates a multitude of pornographic sites that have hosted videos featuring the women, and maintained its business relationship with GirlsDoPorn even as the site came under scrutiny for allegations of videos made through coercion and fraud.The suit alleges MindGeek's business partnership with GirlsDoPorn continued through late 2019 and only ended because GirlsDoPorn ceased to exist amid a Department of Justice sex trafficking investigation and a civil lawsuit filed in San Diego Superior Court.The federal suit alleges that after the partnership ended, MindGeek's sites continued hosting victims' videos, including as recently as Dec. 12."MindGeek knew it was partnering with and profiting from a sex trafficking venture for years," the latest suit alleges. "MindGeek also knew of the significant harassment and trauma GirlsDoPorn's victims were enduring by its continued publication of the victims' videos. MindGeek simply did not care and continued to partner with GirlsDoPorn until it was no longer profitable because of the indictments and arrests."MindGeek did not respond for comment regarding the lawsuit.The company and its most popular site, Pornhub, were featured in a New York Times article this month alleging Pornhub hosts videos featuring rape and child abuse. In the article's wake, several major credit card companies -- including Visa, Mastercard and Discover -- cut ties with the website and Pornhub instituted a ban on videos uploaded by unverified users and removed millions of videos from the website this week.In the Superior Court case originally filed in 2016, GirlsDoPorn's owners were sued by 22 women who alleged they were coerced to film pornographic videos or led to believe their videos would only be distributed to private owners, rather than proliferated online on GirlsDoPorn's subscription website, as well as numerous free sites, many of which are owned by MindGeek.Several of the women alleged they were lured to San Diego with online advertisements that made no mention of nudity or pornography, much less the GirlsDoPorn business name.The women were awarded nearly million earlier this year by San Diego Superior Court Judge Kevin Enright, who ruled the defendants pressured the women to sign documents replete with "broad, vague releases couched in disorganized, complicated legalese," which obscured the victims' concerns over potential online dissemination. Other women hired as "reference models" allegedly spoke to uneasy victims over the phone and claimed they had been featured in prior videos without issue, falsely assuring victims that their videos would not end up on the internet.Once the women discovered their videos were posted online, the website owners ignored requests to take the videos down and cut contact with the women altogether, Enright ruled. The women also alleged GirlsDoPorn's owners shared links to their videos with people within the victims' social circles in order to drive up website traffic.Late last year, prior to Enright's ruling in the civil suit, federal prosecutors filed sex trafficking charges against the site's owners and operators, alleging many of the same claims presented in the civil case. Six defendants are currently charged, including GirlsDoPorn owner Michael James Pratt, who remains at large. 3707

SAN DIEGO (CNS) - County Supervisor Nathan Fletcher and Mayor Kevin L. Faulconer, along with other regional leaders, Monday urged the Board of Supervisors to approve as part of its budget .4 million to fund behavioral health at new permanent supportive housing projects.The group -- which also included San Diego City Councilman Chris Ward, chair of the Regional Task Force on the Homeless (RTFH), and San Diego Housing Commission (SDHC) Executive Vice President Jeff Davis -- unveiled a strategy to provide intensive behavioral health and care coordination services on-site to support up to 400 new units at upcoming hotel housing projects.The board is scheduled to meet Tuesday to have a final discussion and vote on its .4 billion fiscal year 2020-21 budget.Starting in April, the city and county of San Diego teamed up with the RTFH and the housing commission to provide shelter and services to nearly 1,200 people experiencing homelessness with Operation Shelter to Home at the San Diego Convention Center. The county's Health and Human Services Agency has provided on-site behavioral health and care coordination services at the operation, expanding on the services provided at the city's bridge shelters.Now, the organizations are working to replicate and build on the same coordinated care model outside the shelter setting.According to the group, these types of services are critical to stabilizing individuals so that they can stay in permanent housing. In a survey conducted by the SDHC of clients at Operation Shelter to Home, nearly 70% of clients required permanent supportive housing level of services or higher for success."The county can tackle the debilitating cycle of homelessness by making behavioral health and care coordination services more readily available," Fletcher said. "Redirecting .4 million toward mental health and substance misuse treatment is a better way to use the funds, reduce the reliance on a broken crisis-care model, and ensure people's needs are being met. I urge my colleagues to join me on Tuesday in supporting this approach."Faulconer and Ward have been working with housing commission on transition plans for the individuals staying at the convention center. Earlier this month, the commission's board authorized SDHC to submit applications to the state for "Project Homekey" grant funds for two or more properties.Through the Homekey initiative, California has made 0 million in grant funds available statewide to purchase and rehabilitate hotels and convert them into interim or permanent housing."By converting hotels into hundreds of permanent homes, the city and county of San Diego have an opportunity to continue to lead the state in creating new solutions to reduce homelessness," Faulconer said. "It's critical that when we have keys in hand for these units, we also have the services in place to support them, and the county's vote Tuesday can ensure that happens."If the Board of Supervisors approves the .4 million, SDHC will be able to pair the services to clients placed at the new supportive housing units."(The) .4 million in behavioral health and care coordination services will give struggling San Diegans the security and peace of mind that a new home is a permanent home," Ward said. "I join Supervisor Fletcher in calling on his colleagues to approve this funding to keep homeless San Diegans safe and healthy from the threats of COVID-19."The majority of the .4 million will be used for two years of behavioral health services for the housing projects, the group said. The funding also will be available to support behavioral health services at other new housing projects throughout the county. 3689

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