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SAN DIEGO (CNS) - A San Diego federal judge largely upheld California's private prison ban in a ruling stemming from dual lawsuits filed against the state by the Trump administration and a private prison firm.U.S. District Judge Janis Sammartino issued a preliminary injunction Thursday upholding in most respects Assembly Bill 32, which took effect Jan. 1 and prohibits the operation of private detention facilities statewide.By 2028, the law would bar all inmates from being held at privately owned facilities. The law also prohibits agencies from entering into new contracts for privately owned detention facilities or renewing existing contracts at currently operating facilities.The federal government and private prison firm The GEO Group argued that the law is unconstitutional because it encroaches on the government's operations to house federal inmates by unlawfully allowing a state government to regulate federal operations.Additionally, the government has argued that private facility closures will force the relocation of thousands of inmates at high cost to taxpayers, with inmates also forced to be incarcerated at greater distances from their families, especially if they are relocated out of state.The GEO group alleges that it will lose around 0 million per year in revenue if forced to close down its California facilities and could lose more billion in capital investment and revenue over the next 15 years.Sammartino ruled that AB 32 is a regulation of private detention contractors rather than the federal government and its operations and disagreed with plaintiffs' arguments that AB 32 interfered with congressional objectives to house detainees in private facilities, except in respect to United States Marshals' detainees.Sammartino wrote, "Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state and local facilities."As AB 32 would prevent the use of private facilities when no available space exists in other facilities, she preliminarily enjoined enforcement of the ban in regards to USMS detainees, but it remains in effect for the U.S. Bureau of Prisons and ICE.According to court papers, 1,100 USMS inmates in California are housed in private detention facilities, representing about 22% of USMS statewide.Among those inmates, many are housed at San Diego facilities that include the Metropolitan Correction Center, Western Region Detention Facility, and Otay Mesa Detention Center.The United States and the GEO Group can file amended complaints within the next three weeks, according to Sammartino's order. 2706

SAN DIEGO (CNS) - A San Diego molecular diagnostic company announced Thursday it has been awarded a contract from the U.S. Department of Health and Human Services to fund development of its coronavirus diagnostic test, which the company says would provide results in about 30 minutes.Mesa Biotech Inc. will receive both 1,330 in funding and "technical expertise" from the HHS's Biomedical Advanced Research and Development Authority -- or BARDA -- to complete developmental work needed to obtain Emergency Use Authorization from the U.S. Food and Drug Administration.The FDA's emergency authorizations fast-track unapproved medical products for use during a public health emergency.Mesa says its Accula SARS-CoV-2 test utilizes throat swabs to detect SARS-CoV-2, the virus that causes COVID-19."As the coronavirus situation escalates and the demand for testing far exceeds capacity, we are encouraged by the support of HHS in the development of our Accula SARS-CoV-2 Test," said Hong Cai, Mesa Biotech's co- founder and CEO."Our test, which was developed to enable rapid responses to global pandemics, will significantly compress the sample-to-result timeframe with a laboratory-quality test at the point-of-care," Cai said. "This accelerated response will enable health care providers to rapidly screen, isolate, treat or dismiss potential carriers of the virus."In the past week, three companies with local laboratories received emergency approval from the FDA to supply COVID-19 detection tests, including Hologic Inc. and Quidel Corp. in San Diego, and Thermo Fisher Scientific Inc. in Carlsbad.Mesa Biotech's diagnostic test is one of four to receive funding from BARDA, according to the agency."Diagnostics are a critical need in the overall strategy to fight this newest global public health threat," BARDA Director Rick A. Bright said. "We need increased testing capacity in the U.S. to rapidly identify, isolate and treat those infected with COVID-19 in order to limit transmission of the virus, and we need those tests as close to the patients as possible."Currently, no FDA-approved diagnostics, vaccines or treatments for COVID-19 are available. 2168

SAN DIEGO (CNS) - A man who was a 17-year-old gang member when he killed a San Diego police officer in 1978 has been granted parole, but District Attorney Summer Stephan said today that she is hopeful Gov. Gavin Newsom will reverse the decision. Jesus Cecena, 59, was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range. The officer died in the street, his hand still on his service revolver.Cecena was granted parole Wednesday during a video-conferenced hearing at Valley State Prison in Chowchilla. He was previously granted parole in 2014, 2015 and 2017, but each time the decisions were reversed.Cecena's latest parole hearing -- his 18th -- included a discussion of his criminal record, psychiatric factors, parole plans, and statements by representatives of the victim's family.``We are deeply disappointed that the killer of one of San Diego's finest officers was granted parole,'' Stephan said. ``This crime impacted the entire San Diego community and caused great pain for the family of Officer Archie Buggs.`` This fallen officer was so respected by the law enforcement community that a substation was named after him,'' she said. ``We are hopeful that Governor Newsom will review this parole grant and reverse it once again to keep this killer incarcerated.''In 1979, Cecena was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting. 1708

SAN DIEGO (CNS) - A woman accused of taking part in the robbery and murder of an East Village businessman inside his flooring-materials store pleaded not guilty Friday to felony charges that could lead to the death penalty if she's convicted.Lorena Del Carmen Espinoza, 34, was ordered held without bail in the slaying of 49-year-old Ghedeer "Tony" Radda of El Cajon.Judge Maureen Hallahan called the defendant "an extreme danger to the community."RELATED: Death of downtown San Diego business owner: Suspect wearing purple wig arrestedDeputy District Attorney Matthew Greco said Espinoza entered Radda's business the afternoon of Oct. 10 wearing a wig and lured the victim to a back room, where he was fatally shot, allegedly by co-defendant Kevin Eugene Cartwright.Cartwright, 51, allegedly took money from the register and he and Espinoza left the Bottom Price Flooring store together, Greco said.A surveillance camera inside the business captured images of the suspected killers -- a man wearing a Halloween-style old-lady mask and a light-skinned woman with long purple hair, possibly a wig.RELATED: Man arrested, female suspect sought in East Village murderEspinoza fled in Cartwright's car and he got away on foot, the prosecutor alleged.Cartwright was arrested Oct. 17 and Espinoza was taken into custody Tuesday.Both defendants are charged with murder and special circumstance allegations of murder during a robbery and murder during a burglary.District Attorney Summer Stephan will decide later if Cartwright and/or Espinoza will face life in prison without the possibility of parole or capital punishment if convicted.Cartwright has pleaded not guilty to the charges with gun allegations.Both he and Espinoza will be back in court Nov. 15 for a status conference. 1787

SAN DIEGO (CNS) - A pedestrian was struck and killed by a Metropolitan Transit System trolley in San Ysidro, police said Friday.The crash happened shortly before 11:40 p.m. Thursday near the intersection of Beyer Boulevard and Smythe Avenue, San Diego police Sgt. Michael Stirk said. The intersection is just northeast of the Beyer Boulevard Trolley Station.The pedestrian was pronounced dead at the scene, Stirk said. No details about the victim were immediately available.Officers from the San Diego Police Department's traffic division were investigating the circumstances leading up to the crash. 608