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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 State University will not begin any of its fall sports earlier than Sept. 26 due to the ongoing pandemic, the university's athletics department announced Thursday.This follows guidance from the Mountain West Conference Board of Directors, which decided Wednesday to adjust conference team schedules to allow additional monitoring of ongoing COVID-19 developments and adjustments to keep student-athletes safe.The SDSU Aztecs football team will shrink its schedule to 10 games and most other fall sports will only play conference opponents."The Mountain West athletic directors and the conference office worked hard to develop a game plan for fall sports that will allow student- athletes to have a great experience and take in to account their health and well-being," said SDSU Director of Athletics John David Wicker. "Starting the season later allows us the opportunity to learn from professional sports and other conferences and continue to develop the best protocols possible to ensure the safest return to play model possible."The conference and school schedules align with the NCAA Board of Governors' directions, also released this week. The fall season will also continue to be evaluated in the context of the virus on campuses and within communities, and will be subject to directives from local, state and federal leaders."Should further modifications become necessary, including delay or cancellation of competition, the MW Board of Directors is prepared to do so," a conference statement said.The football team, coming off a 9-3 season including a blowout bowl win against Central Michigan, is also dealing with a new but familiar head coach.Head Coach Brady Hoke coached the Aztecs for the 2009 and 2010 seasons. He took over for Rocky Long in the offseason."It is exciting to get some positive news about a football season, but the safety and health is the first thing," Hoke said in a statement. "It gives us an opportunity to make sure our protocols are in place for the safety and health of the student-athletes, the staff, the athletic trainers and everyone associated with the program. We will continue to be smart as coaches and players on how we proceed."The SDSU cross country team is still awaiting an evaluation of its schedule. The men's soccer team -- which competes in the Pac-12 -- will compete in conference-only play, as will the women's soccer and volleyball teams, which both compete in the Mountain West.All Aztec fall competition in the sports of men's and women's golf, men's and women's tennis, swimming and diving, indoor track and field, softball and baseball have been canceled."The health and well-being of our students, student-athletes, coaches, staff and overall communities remain the first and foremost priority," said Mary Papazian, president at San Jose State University and chair of the Mountain West board. "The modified fall structure supports the measures being taken by each of our institutions to ensure responsible return to play. We will continue to gather the best medical information available and lean on advice from public health professionals as well as state and local officials as we make decisions and necessary adjustments in the future." 3238

SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer announced Tuesday that gyms and places of worship would be able to use San Diego's parks to conduct operations outside beginning Monday morning.City Councilman Chris Cate proposed the idea in mid-July, and the San Diego County Board of Supervisors approved a similar ordinance for county parks on Aug. 5.Faulconer said lack of guidance from the state -- even as the city and county expects to learn more Tuesday about possibly being removed from a state watchlist monitoring counties with high prevalence of COVID-19 -- prompted the action."There is no direction currently from the state of California about what a county can and cannot do once it sheds the watchlist designation," he said. On Friday, myself and Supervisor [Greg] Cox sent a letter to the governor asking for direction.San Diego County was placed on that state watchlist by Gov. Gavin Newsom's office for testing higher than 100 positive COVID-19 cases per 100,000 people in the county. The county has been below that number for six days now and is expected to be removed from the list Tuesday. What that means is unclear.Per Faulconer's executive order, San Diego's more than 300 parks, 26 miles of shoreline and 57 recreation centers could be used for gyms, fitness classes and worship services starting Monday. Social distancing and face coverings are still encouraged, but Cate said this could help struggling businesses."Mayor Faulconer's executive order will allow gyms, such as Hardcore Fitness, to bring their physical fitness classes to our city's parks," said Cate, chair of the City Council's Economic Development and Intergovernmental Relations Committee. "Opportunities like this will allow our gyms and churches the ability to welcome back their customers and parishioners in a safe manner."The directive defers park permit fees for 60 days. Faulconer will bring an ordinance to the council once it is back in session in September that would make the waiving of fees permanent.Faulconer made the announcement at Mira Mesa Community Park. Joining him were Cate, the city Park and Recreation Department Director, the Mira Mesa Chamber of Commerce, and the owner of Hardcore Fitness on Miramar Road.It was Faulconer's third executive order allowing for some businesses to operate outside. Previously, he had allowed for some retail and restaurants, and subsequently for gyms, barbershops, hair salons and massage businesses to expand to sidewalks and private parking lots."As San Diego continues to navigate the ever-changing rules regarding doing business during this pandemic, we must become more creative at every turn," said Bari Vaz, president of the Mira Mesa Chamber of Commerce. "This executive order will allow residents to continue participating in fitness classes and sharing their faith, until such time as we may safely return to the indoor venues."Outdoor religious services and outdoor fitness classes and camps are all eligible under the executive order. Businesses must display their San Diego County safe reopening plan, hold insurance naming San Diego as an additional insured, and have a city business tax certificate prior to August 1, 2020. New permits will be available on a first-come, first-served basis for each park depending on the local demand and total space available. 3335

SAN DIEGO (CNS) - San Diego Padres outfielder Tommy Pham has sued a Midway District strip club where he was stabbed last month.Pham, 32, was stabbed around 10:30 p.m. Oct. 11 outside Pacers Showgirls International by an unknown person or persons who took part in a fight that broke out in the club's parking lot.According to the lawsuit filed Tuesday in San Diego Superior Court, the fight outside Pacers left Pham "trapped" inside the club.The suit alleges the club's private security "escalated the risk" to Pham "by participating in the fight and antagonizing" the fight participants.The suit also alleges club employees did not contact law enforcement "or take any reasonable measures to mitigate" the dangers. Due to unspecified "incidents of violence by third parties" that had occurred at the club in the past, the lawsuit alleges Pacers should have been aware of the possibility of a similar incident and taken measures to prevent it.A representative with the club could not immediately reached for comment.Pham later tried to leave the club, and while walking toward the valet stand to get his car, he was attacked by someone who stabbed the major leaguer "without any provocation," the complaint states.RELATED: County demands Midway District strip club stop "live entertainment" over health ordersA statement released by the Padres shortly after the incident described Pham's injury as a non-life-threatening slash wound to his lower back, while the lawsuit alleges he suffered "catastrophic injuries, which have and will continue to cause him significant economic damage, including but not limited to his earning capacity as an elite professional baseball player."Police have not announced any arrests in connection with the stabbing.A hearing in the case is currently slated for June 25, according to court records. 1836

SAN DIEGO (CNS) - The Collaborative Clinical Trials Unit at UC San Diego has been selected to lead and administer an international seven-year, million grant for HIV/AIDS clinical trials.The National Institutes of Health selected UCSD, along with other American, South African and Indian research hospitals, as part of its seven-year HIV/AIDS funding renewal. Every seven years, NIH competitively renews its funding of the HIV clinical trials networks operating in the United States and internationally.During the current application process, the UC San Diego AntiViral Research Center, University of Colorado Hospital, Houston AIDS Research Team and Durban International clinical research sites were chosen to work collaboratively on research priorities for the NIH/National Institute of Allergy and Infectious Diseases HIV/AIDS Adult Therapeutics Clinical Trials Network.The Chennai Antiviral Research and Treatment Center, University of Southern California and University of Miami clinical research sites were also chosen to join UCSD to serve as qualified reserve or protocol-specific sites as needed for future clinical trials."UC San Diego has helped shape HIV/AIDS research and treatment through innovative research since the inception of the adult and pediatric therapeutic clinical trials networks in 1986," said principal investigator Dr. Constance A. Benson, director of UCSD's Antiviral Research Center."Together, the seven clinical research sites selected by the NIH for the HIV therapeutic clinical trials network bring together a wealth of scientific expertise, experience and the high quality performance required to conduct complex clinical trials," she said.Abouty 38 million people are living with HIV/AIDS globally, with 1.7 million acquiring HIV in 2019 alone. In the United States, 1.2 million people are living with the virus.The UCSD-led clinical trials unit serves several regions in the United States burdened by chronic and new HIV infections as well as global regions impacted by both HIV and tuberculosis.The unit will investigate therapeutic strategies aimed at a cure for HIV, including evaluating viral persistence, researching antibody approaches to treatment and prevention and investigating treatment of inflammation and its impact on HIV comorbidities.In addition, investigators will study new drugs including long-acting drug formulations for HIV treatment and prevention, HIV-related coinfections and comorbidities -- including metabolic and end organ complications and a hepatitis B cure, as well as the treatment and prevention of tuberculosis, including TB preventive vaccines, in persons with mono- and HIV-coinfection."We are honored to lead a talented pool of investigators in a common goal of advancing research that clinically benefits people living with HIV," Benson said. 2830