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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

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

SAN DIEGO (CNS) -- A 76-year-old woman who died on May 24 is the first local fatality of e-cigarette or vaping-associated lung injury, the San Diego County Health and Human Services Agency announced Thursday.Three vaping-associated lung injuries in young adults were confirmed in recent weeks and are the first reports of the lung illness in San Diego County since 2019.All the newly reported local cases tested negative for the novel coronavirus, which causes COVID-19, and all reported recently vaping products containing THC.The California Department of Public Health recently recognized new reports of confirmed lung-injury cases in persons vaping THC-containing products in April, after no cases had been reported since February.Since July 2019, a total of 52 EVALI cases have been reported in San Diego County residents. All patients had to be hospitalized."While our community is understandably focused on COVID-19, it is important to remember that lung injury from vaping is still a major public health concern," said Dr. Wilma Wooten, county public health officer. "People who vape, especially those using THC-containing products, are urged to stop."In January, the San Diego County Board of Supervisors voted to restrict the sale of flavored smoking products and e-cigarette and vaping devices in the county's unincorporated areas. These restrictions were proposed as a response to the e-cigarette- or vaping-associated lung injury cases in the county and across the country. Enforcement of these restrictions will begin July 1.THC-containing e-cigarette or vaping products, particularly obtained from informal sources, are linked to most e-cigarette or vaping, lung injury cases. Vitamin E acetate has also been strongly linked to the outbreak and has been found in product samples from patients and in patient lung fluid samples.The Centers for Disease Control and Prevention recommends that people not use THC-containing e-cigarettes or vaping products obtained from informal sources such as friends, family, pop-up shops or online sellers. Additionally, the CDC says that youth, young adults and pregnant women should never use e- cigarette or vaping products. 2182

SAN DIEGO (AP) — Wil Myers homered twice, including San Diego's seventh grand slam of the season, Austin Nola hit a three-run shot and Mike Clevinger was impressive in his home debut for the Padres, who routed the Colorado Rockies 14-5.The Padres, cruising toward their first postseason appearance since 2006, won their third straight and for the seventh time in nine games.Myers hit his slam in the five-run first inning and then homered leading off the seventh to match his single-game high of five RBIs.His 11th homer gave him his eighth career multi-homer game.Clevinger picked up his first win as a Padre, striking out eight in five innings of work. 662

SAN DIEGO — Governor's Gavin Newsom's order on Monday shutting down indoor operations at San Diego County gyms, hair salons, and malls set off a mad scramble. Businesses able to move outside had to figure out how to make it work - in order to make it through.North Park's Last Real Gym on University Avenue is one of them. On Wednesday, owner Frank Koll and a few of his staffers moved equipment out onto Iowa Street. It was the only way to survive - because Koll exhausted all of his Paycheck Protection Program funds that got him through the first shutdown."Closed again is something physically, financially and mentally something I can't do, and I won't do, so I will be like a chameleon and adapt to anything that this governor throws my way," Koll said. The gym moved the equipment on the sidewalk and also has an interior outdoor space to utilize. By Wednesday just after 12 p.m., a half-dozen people were working out on the sidewalk, including Felicia Brown, a regular who drives all the way from Spring Valley. "I think it's just businesses being creative and saying - 'You know what? We can't afford another shutdown for two, three, four months,'" she said. The county says impacted businesses are able to operate outside or under well-ventilated tents. That rule, however, doesn't apply to salons due to state regulation, which says they can only cut hair inside. The city of San Diego has acted to give restaurants and retailers more leeway to expand into the street. The governor has not given a date for when his latest restrictions will lift. 1566