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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 city of San Diego has reached an agreement with two local nonprofit organizations to improve its stormwater infrastructure and local water quality, it was announced today.Under the agreement, the city pledged to improve its stormwater management sites at the Miramar Landfill, Metro Biosolids Center, North City Reclamation Plant, Point Loma Wastewater Treatment Plant and South Bay Water Reclamation Plant. San Diego Coastkeeper and the Coastal Environmental Rights Foundation will concurrently contribute ,000 to the San Diego Audubon Society to be used for water quality improvement and habitat conservation in Mission Bay.The city's Transportation and Storm Water Department, which oversees the Storm Water Division, declined to comment on the agreement, which was approved by a federal judge last Tuesday. City officials expect to finish the upgrades by the end of 2023, according to the two nonprofits involved in the agreement."We have a longstanding working relationship with the city's stormwater and public utilities departments, so we were confident they would take our concerns seriously and allow us to achieve environmental benefits without having to engage in expensive litigation," said CERF Executive Director Marco Gonzalez.The nonprofits began working with the city on upgrading stormwater treatment infrastructure in early 2017, when Coastkeeper and CERF noted that city-owned water treatment sites were disposing stormwater with toxic pollutants, bacteria from human waste, dissolved metals and other hazardous materials into local bodies of water.The two organizations specified that Rose Creek, San Clemente Creek, Mission Bay, Tijuana River and the Pacific Ocean were likely affected.A report released by the city auditor's office in June found that the city's Storm Water Division had a large backlog of planned infrastructure projects and failed to properly keep up with the backlog due to, among other things, a lack of funding. 1988

SAN DIEGO (CNS) - Rail service along the Los Angeles-San Diego-San Luis Obispo rail corridor will again be suspended Saturday through 5 a.m. Monday from Oceanside to San Diego for track and signal improvements, according to the San Diego Association of Governments.The scheduled rail work in Cardiff-by-the-Sea, Carlsbad and San Diego is the second of two weekend-long closures for track and signal improvements along the LOSSAN corridor. Rail service was also suspended from Oct. 13 to Oct. 15. Rail service for the four railroads affected by the closures -- the North County Transit District, Metrolink, Amtrak and freight line BNSF -- is expected to resume Monday for morning commute hours, albeit with possible delays.Track crews in Cardiff-by-the-Sea will replace rail ties as part of a double-tracking project to add a second rail track between Cardiff-by-the-Sea to the San Elijo Lagoon. Work crews connected the second line to the existing track last month. Workers will also update the rail signals at the Chesterfield Drive grade crossing.MAP: Traffic conditions around San Diego County Crews in Carlsbad plan to prepare the NCTD Coaster Poinsettia Station for a new western alignment of the existing track as well as move existing rail signals at the station to more optimal locations. The .7 million Poinsettia Station Improvements Project "will lengthen and elevate passenger platforms, install a fence between the tracks within the station, relocate a section of the existing tracks, and replace the existing at-grade rail crossings with an undercrossing featuring stairways and ADA compliance ramps on both sides of the tracks," according to SANDAG, which expects the project to be completed in 2020.Crews in San Diego will work on improvements to the San Diego River Bridge and structures along the Elvira to Morena Double Track Project. In addition, NCTD crews and San Diego's Metropolitan Transit System will make improvements to track crossings at the Old Town Transit Center.The rail work is part of SANDAG's Build NCC (North Coast Corridor) program, a 40-year, 0 million effort to repair and expand vehicle and rail transportation infrastructure throughout San Diego County. SANDAG officials and work crews expect to finish this weekend's projects between 2019 and 2020. 2305

SAN DIEGO (CNS) - The San Diego City Attorney's Office Thursday urged families with guns in the home to practice proper firearm safety while self- quarantining to keep the weapons out of the hands of children.With stay-at-home orders issued at the state and local levels, and schools closed down due to the COVID-19 pandemic, City Attorney Mara Elliott's office said gun safety is paramount."When you have guns and children in the home and do not practice safe storage, you are increasing the risk that someone will be accidentally shot," Elliott said. "Children are very resourceful when it comes to locating things their parents thought they'd never find. When they find a gun, it often leads to tragedy."The city's Safe Storage of Firearms Ordinance, which was authored by Elliott and went into effect last year, requires San Diego gun owners to store firearms in a locked container or to secure guns with a trigger lock unless they are in the immediate control of an authorized user.The City Attorney's Office said trigger locks and gun safes are readily available for purchase online and that all guns sold in California after Jan. 1, 2002, were required to come with a free trigger lock.Elliott's office said 4.5 million children nationwide live in homes with one more loaded and unlocked firearms.Firearm retailers nationwide have seen an uptick in firearm sales amid the coronavirus pandemic, and it remains unclear whether gun stores might be ordered to close locally.In one of the county's coronavirus-related briefings, Supervisor Nathan Fletcher said firearm stores were not considered essential businesses that should remain open per the state's stay-at-home order.Earlier this week, San Diego County Sheriff Bill Gore said his office was awaiting further guidance from the governor's office, and would not force gun stores to close in the meantime, citing a concern that doing so would push consumers to purchase guns on the black market.On Wednesday, Gov. Gavin Newsom decided that he would defer to the state's sheriffs "on whether gun stores are essential businesses that should remain open under his (COVID-19-related) executive order," Gore noted in an updated statement released Thursday afternoon.The sheriff said he would not ask gun stores to close, but advised that they take San Diego County's public health orders regarding public gatherings and social distancing into consideration while they do business.Gore said gun retailers should "look at alternative sales options, which might include scheduling appointments," in order to comply with county health guidelines and prevent long lines from forming outside of gun stores.The sheriff also urged county residents to only buy guns through federally licensed dealers. 2752

SAN DIEGO (CNS) - Some low-level, non-violent inmates facing trials and being held in San Diego County jails are being considered for release in the wake of the coronavirus outbreak, the county's district attorney and sheriff announced Saturday."In the wake of an unprecedented Superior Court closure, the San Diego County District Attorney's Office and San Diego County Sheriff's Department took several proactive steps this week to address the threat of the coronavirus to individuals arrested for low-level, non-violent crimes who normally would have been released if the court was open or can't afford to post jail," the DA and sheriff said in a joint statement.The DA's office did not say how many inmates have already been released under the new policies nor how many are expected to be released.District Attorney Summer Stephan said she and the sheriff were concerned about defendants who are not an imminent threat to pubic safety, who are unable to post bail and would be forced to wait weeks or potentially months for their first court appearance because of the court being shut down.Cases involving people in custody are being reviewed and if no charges are going to be filed, the jail will be notified by the district attorney so the person can be released, the statement said."If charges are going to be filed, the district attorney is working with the sheriff and the court on an electronic pre-arraignment review to identify individuals whose charges are eligible for immediate release or bail reduction," a news advisory said."We're taking these steps because it's the right thing to do in the face of extreme circumstances that pose a serious health risk to inmates and everyone who has contact with inmates..." Stephan said.Other actions the district attorney said are being taken include:-- identifying those in jail who are awaiting trial or sentencing and may be eligible for release;-- prioritizing the release of vulnerable inmates who are "medically fragile" to determine if it is appropriate to ask the court to re-sentence them;-- allowing some people nearing the end of their sentence to be released early."People aren't going to get a free pass if they commit a crime," Stephan said. "This is about prioritizing and making thoughtful decisions based in fairness and equity during a time of crisis in order to relieve pressure on the system while protecting the public." 2405