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SAN DIEGO (CNS) - A jury awarded million Friday to the widow of a retired San Diego Police Department criminalist who committed suicide after he was accused of a 1984 murder.The attorneys alleged the investigation was begun improperly by San Diego police homicide detectives, driving her husband to suicide.The verdict was the result of a federal lawsuit alleging wrongful death and civil rights violations filed by Kevin Brown's widow, Rebecca, against the city of San Diego and its police department. Jurors are due back in court Tuesday to consider punitive damages.Brown, 62, was suspected in the murder of Claire Hough, who was strangled and found dead at Torrey Pines State Beach in 1984. Brown hanged himself at Cuyamaca Rancho State Park in October of 2014, which his lawyers said was a result of the homicide investigation, as well as the seizure of numerous items of sentimental value from his Chula Vista home.Rebecca Brown's attorneys alleged now-retired SDPD Detective Michael Lambert misled a judge when securing an affidavit for a warrant to search and seize property at Brown's home. The affidavit was secured on the basis of Brown's sperm cells, which were found on a vaginal swab of Hough, though Rebecca Brown's attorney, Eugene Iredale, said those cells were most likely transferred onto the swab via accidental cross-contamination.Iredale told jurors that lab techs at the SDPD crime lab often used their own semen as reference samples when conducting testing for the presence of semen.Other DNA evidence found on Hough's clothing pointed to another suspect, Ronald Tatro, who was previously convicted in several other rapes and assaults on women. Tatro, who died in 2011, was matched to several blood stains and a pubic hair found on the girl's clothing, Iredale said.Despite Tatro's DNA being far more prominent on the swab, Iredale said Lambert used Brown's sperm cells and evidence that Brown had frequented strip clubs in the 1980s to suggest he worked in concert with Tatro in the killing.However, no such connection between the men was ever discovered, nor was Brown ever connected to the murder.Brown, who suffered from anxiety and depression, was "obsessed with getting his property back," Iredale said, yet was unable to secure their return over the course of several months.Iredale said the prospect of spending time in jail while fighting to clear his name and the property seizure was enough to push Brown to suicide.The attorney said Lambert was aware Brown was suicidal and held onto his property "because he knew it would cause pain and hurt, because he felt he was going to break him down, he was going to crack the case."Deputy City Attorney Catherine Richardson argued at trial that Lambert relied upon DNA experts when he wrote the affidavit and was not given all the information he needed.The attorney said Lambert asked about contamination when presented with the evidence of Brown's DNA, but was told by his sergeant that contamination was not possible. She also said Lambert was not informed that SDPD lab techs sometimes used their own semen for testing until months after the search warrant was secured.Richardson said the items from Brown's home had to be seized in order to prove or disprove a possible connection between Tatro and Brown, which would have dated back more than three decades, and that a rigid investigation was needed to prove there was no favoritism toward an SDPD employee."If he hadn't investigated (Brown), then the police would have been accused of covering up for one of their own," Richardson told the jury in her opening statement. 3615

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 Tijuana man and his three adult children were indicted by a federal grand jury for allegedly smuggling hundreds of illegal immigrants across the border for profit, the U.S. Attorney's Office announced Friday.Luis Antonio Mendez-Brahan, 55, remains at large, but his children, Christopher Mendez, 28, and Wendy Monserrath Mendez, 24, both of Wasco in Kern County; and Nancy Jacqueline Suarez, 31, of Madera, were arrested at their homes on Thursday, prosecutors said.Mendez-Brahan is accused of leading the smuggling scheme for nearly a decade, which allegedly operated near the Tecate Port of Entry and "used an ever-changing cadre of spotters, guides and drivers" to move "hundreds of illegal aliens into the United States."Mendez-Brahan is accused of charging between ,000 and ,500 for each person smuggled into the U.S., while his children allegedly used family members in both countries to move the money. Border Patrol investigators tracked financial transactions between Mendez-Brahan's children in the U.S. to money service businesses in Tijuana, according to prosecutors.The four family members are each charged with conspiracy to bring in illegal aliens for financial gain, to transport illegal aliens and to conduct financial transactions with proceeds of specified unlawful activity. Mendez- Brahan is additionally charged with five counts of bringing in aliens for financial gain.His three children made their first appearances in San Diego federal court on Friday. 1509

SAN DIEGO (CNS) - A young man accused in a series of San Diego-area gang-related killings and attempted slayings pleaded not guilty Monday to murder, attempted murder and conspiracy charges.Ismael Betancourt, 20, is charged in the Aug. 1, 2019, shooting death of 57-year-old Marco Magana in Mountain View, the Feb. 8 shooting death of 19-year-old Leah Posey in Southcrest, and two attempted murders that allegedly occurred on July 24, 2019 and Feb. 8.San Diego police announced Betancourt's arrest last month in connection with the April 8, 2018, shooting death of 55-year-old Lowry Rivers in National City, which occurred when Betancourt was 17. Rivers' killing is not listed in the latest complaint, and it's unclear whether Betancourt is being tried in juvenile court regarding that crime or whether additional charges are pending in his current case.In addition to the murders and attempted murders, Betancourt is charged along with six co-defendants with conspiracy to commit a crime, for what prosecutors allege was a plan to kill rival gang members.The overarching conspiracy includes the July 12, 2019, shooting death of 20-year-old Joaquin Ruiz, who was shot in a vehicle in Bay Terraces by assailants who opened fire from another vehicle.The four defendants charged with that slaying have been arrested and pleaded not guilty. Two of those defendants, Ethan Apan, 28, and Kevin Herrera, 26, are also charged in the murders in which Betancourt is charged. The complaint charges Apan in Marco Magana's murder and Herrera in Leah Posey's murder.Betancourt is being held without bail and his next court date is a Dec. 22 readiness conference. 1656

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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