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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 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." 4549

SAN DIEGO (CNS) - A bill that would keep court hearings related to the release of Sexually Violent Predators open to the public was unveiled Tuesday by a state senator who worked with the San Diego County District Attorney's Office to craft the legislation.SB 1023, dubbed the Sexually Violent Predator Act, would prohibit proceedings related to Sexually Violent Predators -- or SVPs -- from being held behind closed doors, particularly when the hearings involve potentially releasing the offenders to a conditional housing program in the community.Recently, hearings regarding the proposed release and placement of SVP Alvin Ray Quarles, 57, otherwise known as the "Bolder-Than-Most" rapist, were held behind closed doors in San Diego County Superior Court.Judge David Gill kept the hearings under wraps due to privacy concerns over the potential disclosure of Quarles' psychiatric reports.The closed-door nature of the hearings drew protests from victims' advocates, include two of Quarles' victims, Mary Taylor and Cynthia Medina.Sen. Patricia Bates, R-Laguna Niguel, who authored SB 1023, issued a joint statement with San Diego County District Attorney Summer Stephan, saying SVP hearings should be held in open court "unless compelling and extraordinary circumstances justify closing the courtroom to the public.""District Attorney Summer Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason," Bates said. "Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released."Gill ruled last year that Quarles should be released to a conditional housing program, though that decision is currently being appealed by the District Attorney's Office.Quarles, who was previously sentenced to 50 years in prison for committing more than a dozen sexual assaults in the mid-to-late 1980s, was slated to be housed at a residence in Jacumba Hot Springs, but that agreement fell through."This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually violent predators are open to the public," Stephan said. "As District Attorney, I hear the pain from victims who've been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system."The bill is awaiting referral to a Senate policy committee, Bates' staff said. 2544

SACRAMENTO, Calif. (KGTV) -- With 35 days until the election, it appears California voters are in favor of eight state propositions that impact everything from property taxes to parole to rent control. Still, for most propositions, the support is not enough to feel comfortable. A new ABC-10News-Union-Tribune scientific poll shows eight propositions leading outside the poll's 5.4 percent margin of error. Still, pollster Survey USA says that could change because typically opposition to all ballot measures increase as election day gets closer. Then again, it says 2020 is not a typical election year. Thad Kousser, a political analyst at UC San Diego, said propositions that do not poll over 50 percent have an increased chance in ultimately failing, even if they are up."The more people learn about propositions and their details, the less there is to like about them," he said. "Sometimes a proposition has one part of it that people find attractive and then other details that they don't like, and as a campaign exposes those, as the No campaign makes that case, then support will drop off."The poll also shows Joe Biden defeating President Trump 59 percent to 32 percent in California. Interestingly, however, the poll says voters who plan to vote in person on election day choose Trump over Biden, 55 to 38. Here is the breakdown of the propositions as part of the poll, which surveyed 588 likely voters:Prop 15, which would reassess some commercial properties to raise property taxes for schools and local governments, exempting smaller businesses and farms, is passing 49 to 21, with the remainder undecided.Prop 16, which would eliminate the ban on consideration of race, sex, color, ethnicity or national origin in public education, public employment and public contracting to allow for more diversity, is passing 40 to 26, with the remainder undecided.Prop 17, which restores voting rights to former inmates, is passing 55 to 19, with the remainder undecided.Prop 19, which allows severely disabled homeowners, those over 55, and those who have lost their homes in a wildfire to transfer their property tax basis to any property in the state, and allocates new revenue to fire protection services, is passing 56 to 10, with the remainder undecided. Prop 20, which would reclassify certain crimes and change parole on other crimes, is passing 35 to 22, with the remainder undecided. Prop 21, which allows local governments to establish rent control on some properties over 15 years old, is passing 46 to 27, with the remainder undecided.Prop 22, which aims to keep Uber, Lyft and Doordash drivers as independent contractors with benefits, as opposed to full employees, is passing 45 to 31, with the remainder undecided. Prop 23, which adds requirements for kidney dialysis clinics, is passing 49 to 23, with the remainder undecided. 2854

SAN DIEGO (AP) — Little Kurt looks like any other baby horse as he frolics playfully in his pen. But the 2-month-old, dun-colored colt is actually a clone. He was created by fusing cells taken from an endangered Przewalski’s horse at the San Diego Zoo in 1980. The cells were infused with an egg from a domestic horse that gave birth to Kurt two months ago. The baby boy was named for Kurt Benirschke, a founder of the San Diego Zoo's Frozen Zoo, where thousands of cell cultures are stored. Scientists hope Kurt will help restore the Przewalski’s population, which numbers only about 2,000. 599

SAN DIEGO (AP/KGTV) — Unlike most Californians, people in San Diego will be able to get a reprieve from the heat this Labor Day weekend by heading to movie theaters and dining inside a restaurant. Among California’s 10 most populous counties, San Diego is the only one with virus cases low enough to meet state standards for reopening theaters, museums and gyms, and resuming indoor dining — all with limited capacity to provide for physical distancing. San Diego County is listed in the state's second tier, or "substantial" tier, for cities reporting four to seven daily coronavirus cases per 100,000 residents and a positive test rate between 5% and 8%.As of Thursday, San Diego’s case rate is 5.8 and the testing positivity percentage is 3.8%. Since one of those metrics is in the second tier, the county isn't eligible to begin the 14-day countdown to qualify for the next tier of easing restrictions.Local officials say an aggressive reaction to outbreaks and a bipartisan approach have helped the county deal with the pandemic.While San Diego County has kept case rates low, the county reported two new outbreaks — in a business and in a restaurant/bar — on Thursday for a total of 17 community outbreaks in the last week.Officials warned this week that Labor Day weekend poses a threat to those gradually decreasing metrics and encouraged residents to be safe and avoid gatherings over the holiday weekend. 1422

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