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SAN DIEGO (CNS) - A San Diego-based telemarketer was fined nearly million by the Federal Communications Commission Wednesday for making more than 47,000 robocalls over a two-day period leveling false accusations against a local state Assembly candidate and manipulating caller ID information to appear as though a competitor was making the calls.Kenneth Moser and his company, Marketing Support Systems, were fined ,997,750 for making the calls on May 30 and May 31, 2018, about one week prior to the primary election, in which Philip Graham unsuccessfully sought to represent the 76th Assembly District.Shortly before the primary, a woman accused Graham of kissing her against her will in an Encinitas bar, triggering a sheriff's department investigation that concluded the claim was unfounded. Nichole Burgan, the woman at the heart of the allegation, later pleaded guilty to filing a false report.According to the FCC, the robocall messages repeated Burgan's claim and caller ID information was manipulated to make the calls appear as though they originated from another telemarketing company, HomeyTel, described as a competitor to Moser's company. As a result, HomeyTel received "a multitude of angry complaints" from people who received the calls, as well as a cease-and-desist letter from Graham, according to the FCC.The agency said 47,610 robocalls were made during the two-day period, with multiple calls sometimes sent to the same recipients.The calls violated the Truth in Caller ID Act prohibiting manipulation of caller ID information -- otherwise known as spoofing -- with the intent to defraud, cause harm or wrongfully obtain anything of value, according to the FCC. 1697

SAN DIEGO (CNS) - A man who went on a South Bay crime spree that included shooting at a moving vehicle and ramming an occupied San Diego police vehicle during a pursuit was sentenced Thursday to 19 years in state prison.Alfonso Ayala Flores, 26, pleaded guilty earlier this year to charges of assault with a semi-automatic firearm and resisting arrest for a series of crimes last November that culminated in him driving toward officers who cornered him in a cul-de-sac and ramming a patrol car.One officer opened fire on the pickup truck Flores was driving, striking the truck, but not Flores.He was also given a separate 16-month sentence for an unrelated burglary case, but that term will be served concurrently with his 19-year prison term.The spree began with Flores carjacking a motorist's Ford F-150 pickup at the Frontier Motel in San Ysidro on Nov. 6. Deputy District Attorney Mary Naoom said that on the following day, Flores shot at an occupied vehicle.Two days later, he sped off when San Diego police spotted him driving the stolen truck in the 1900 block of Dairy Mart Road in San Ysidro. The suspect, who had a female companion in the truck with him, fled west, where he wound up at the end of a cul-de-sac in the Nestor neighborhood.As officers got out of their cars and shouted at him to halt, Flores made a U-turn and accelerated toward them, prompting one of the officers to open fire, police and prosecutors said.Naoom said Flores rammed the patrol car with the pickup as he sped away, with police again in pursuit. The subsequent chase ended in the 1200 block of Holly Avenue in Imperial Beach, where he pulled over and ran off along with the woman, according to Sainz.His companion was quickly apprehended and questioned by police before being released. Flores was arrested a day later. 1815

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) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - Authorities Tuesday publicly identified a 15-year-old boy who was fatally shot last week in Barrio Logan.Patrol personnel responding to reports of gunfire in the area of Chicano Park shortly before 10 p.m. Friday found a large gathering of people standing in a parking lot and a motorist beginning to drive away in a silver sedan, according to police.Seeing the arriving officers, the group, including two people in the car, scattered, Lt. Andra Brown said.RELATED: 15-year-old fatally shot near Chicano ParkInside the vehicle, police found Brian Romo of San Diego, who had been shot in the upper body. Paramedics took him to a hospital, where he was pronounced dead.The motive for the shooting remains unclear, and no arrests have been made in the case."While the investigation continues, very little is known about the circumstances leading up to the (victim's) death," Brown said. "Detectives are attempting to locate evidence and any possible witnesses. Investigators are aware of the large crowd present at the time of the incident and would like to speak to them. We do not have any suspect information at this time." 1149

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