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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) - The San Diego County Board of Supervisors voted 4-1 today to request guidance from the state on allowing resumption of several activities, including private planned events, wedding receptions, hotel conferences, street fairs and team competitions.In a letter to be sent to Gov. Gavin Newsom, the county will also seek guidance on reopening playgrounds.Supervisor Jim Desmond made the proposal after the board was updated on the county's efforts to contain the spread of the coronavirus.Any reopening of those industries, he and other board members said, would only happen with the blessing of Dr. Wilma Wooten, the county's public health officer.He added that while the county must take note of an uptick in community outbreaks, it ``can't have a blanket stop on the economy.''``Maybe, by the time Newsom responds, there will be more time to review this. I want to be prepared with this next group of businesses,'' Desmond said.Because it takes months to plan certain events, such as weddings, planners ``will lose this entire season otherwise,'' Desmond said. ``We have one (board) meeting scheduled for July, and I'm trying to be ready if the numbers look good.''The supervisors also heard from numerous people employed in the private events industry, who urged the board to let them resume. Many said they have safety protocols in place, and would be able to provide lists for contact tracing if necessary.Wooten told the board that as of now, ``we couldn't recommend any opening in the next week or next couple of weeks, in terms of opening up broad industries, if (community) outbreaks continue.''``If we're above seven community outbreaks, it would be ill-fated'' to make such recommendations, she said.Another three community outbreaks were reported Monday by county health officials, raising the number reported in the last week to 10 -- the most in any week's span since the pandemic began in early March.Supervisor Nathan Fletcher cast the dissenting vote on the motion. The county ``has hit the community outbreak `trigger' for six consecutive days and recent days have generated not only the highest reporting of new COVID cases but also a doubling of the percentage of total tests being positive,'' Fletcher said after the vote. ``Given these facts, it is reckless and irresponsible to propose expedited reopening of additional in-door close contact group gatherings without any restrictions on the number of attendees.'' 2460

SAN DIEGO (CNS) - The San Diego City Council's Public Safety and Livable Neighborhoods Committee unanimously voted Wednesday to send a suite of proposed regulations on dockless scooters to the full council.Mayor Kevin Faulconer introduced the regulations Oct. 18 after the city spent months wrestling with how to both ensure public safety and allow dockless scooter companies like Bird, Lime, and Razor to continue operating in San Diego.Faulconer's proposal would mandate that scooter companies limit the maximum speed of scooters in high-traffic areas of the city, send monthly data reports to the city detailing things like parking and trip information, educate riders on local traffic laws, and indemnify the city for liability for riders injured within city limits. The companies would also have to obtain an annual permit and pay associated operational fees.RELATED: 885

SAN DIEGO (CNS) - San Diego Mesa College announced Friday the opening of its on-campus support center for current and former foster youth.The Fostering Academic Success and Transitions Center opened Thursday, coinciding with Mesa College's first week of classes in the fall 2019 semester. The FAST Center offers services such as tutoring, computer access and a food pantry and will serve as a gathering space for youth who have gone through the foster care system."The number one goal we had in creating this program was to make it extremely difficult to NOT be successful," FAST Scholars Program Coordinator Sade Burrell said. "The center is a place for students to get the resources they need, whether that includes counseling, tutoring, food, child care, emergency housing and any other need unique to their situation."Mesa College is the first community college in San Diego County to open an on-campus support center for students in the foster system. Currently, only about one-in-10 foster youth graduate from college and one-third of former foster youth are homeless by age 25. College officials hope the FAST Center will help quell those numbers for students in San Diego."What this center does is say, we see our foster youth. We see their experiences. We see the unique contributions that they bring to the campus; that we understand the many challenges or systemic barriers that are often placed in their way," said Ashanti Hands, the college's vice president of student services. "The message we want our students to hear is: Bring your full self."The FAST Center will be open 8 a.m. to 6 p.m. Monday through Thursday and from 8 a.m. to 3 p.m. on Fridays. The FAST Center can be reached at 619-388- 5895. 1724

SAN DIEGO (CNS) - San Diego County residents can ride to their polling places for free on Election Day, with county public transportation agencies announcing that Nov. 3 will be a "Free Ride Day."The San Diego Metropolitan Transit System and North County Transit District will honor free rides Nov. 3 on all MTS and NCTD fixed-routes services, including buses, the Trolley, SPRINTER, and COASTER.Officials say the free rides will be instrumental in helping voters this year, with fewer polling places available than in prior elections due to the COVID-19 pandemic."Free Ride Day this year has a different purpose than in past years," said County Supervisor Nathan Fletcher, who is also the MTS Board chair. "We are holding it on one of the most important days for our country -- Election Day. We want San Diego residents to have every opportunity to participate in our democracy. Free transit rides all day long will help do just that."NCTD Board Chair and Encinitas Councilmember Tony Kranz said, "North County Transit District is a proud supporter of Free Ride Day because it's critical to our agency's effort to promote transit ridership and improve air quality. However, NCTD is honored this year to provide transportation at no cost to our residents on Election Day. These rides will help bridge the gap between where people live and where they can cast their vote on Nov. 3."MTS and NTCD services will operate Election Day on a normal weekday schedule.Passengers will not need a Compass Card or valid fare for either system, but face coverings will continue to be required on board all MTS and NCTD vehicles and at transit facilities.Participants are encouraged to RSVP through the MTS Facebook page event, or online at www.sdmts.com/free-ride-day to receive event reminders about Free Ride Day, tips for taking transit, and more. Services not included during the Free Ride Day promotion are Amtrak Rail 2 Rail, MTS Access, and NCTD LIFT paratransit."Free Ride Day coinciding with Election Day elevates access for all of our San Diego voters to get to their assigned polling place," said Michael Vu, San Diego County Registrar of Voters. "We encourage voters to do their homework if they plan to vote at their polling place. Double-check the location because it may have changed, wear a face covering and mark your sample ballot in advance to quickly fill in the official ballot at the poll."For more information, visit sdvote.com. 2445