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SAN DIEGO (KGTV) — Eight San Diego County gyms have filed a lawsuit against state and county leaders over the public health orders due to the coronavirus pandemic.The gym owners say that restrictions on their business by California and the county have caused, "difficulty in satisfying their financial obligations, having been forced to lay off a significant number of employees" and they have "expended large sums of money in an effort to comply with Defendants’ vague orders."Gym owners say they have lost tens to hundreds of thousands of dollars, in some cases, retrofitting their businesses to be compliant with reopening measures.The Plaintiffs include Metroflex Gym in Oceanside, Ramona Fitness Center in Ramona, Boulevard Fitness in University Heights, Deadweight Strength in Grantville, Convoy Strength in Kearny Mesa, IB Fitness in Imperial Beach, and Being Fit in both Clairemont and Mira Mesa.The owners added that they have sought clarification of the orders and how they're enforced by law enforcement and the county, but have not received any clarification from officials.The lawsuit claims that public health orders labeling their businesses as nonessential without allowing them to challenge it, and mandatory closures, are not constitutional.Defendants include Gov. Gavin Newsom, all five San Diego County supervisors, and the mayors of each city where the gyms are located. Various local law enforcement and public health officials, including Wilma Wooten, Sheriff Bill Gore, and SDPD Chief David Nisleit, were also named. 1548

SAN DIEGO (KGTV) — From birthdays to barbecues, there have been five community outbreaks linked to private parties at homes.A spokesperson for the County of San Diego said the outbreaks happened just after Easter through mid-June, and 33 people tested positive for COVID-19.Three of the residential outbreaks are still active, while two have expired. The outbreaks at private residences have caused health officials to worry, especially with the 4th of July quickly approaching."People who wanted to get together with friends after a period of not being able to do so are having gatherings of maybe 10 to 25 people," said Dr. Eric Mcdonald, director of the county’s epidemiology and immunization department. "They’re eating, and they’re drinking and not maintaining social distance."RELATED: Escondido restaurant forced to closed for violating county health ordersMcDonald said this activity concerns him just as much as anything out in the commercial sector. He said businesses might even be safer as they have specific plans and employees trained to reduce the risk for COVID-19.He added that impromptu gatherings with friends are a problem because people are relaxed in that setting and let their guard down, not maintaining social distance.“It was rough for me, I was sick for about six weeks,” said Andrea Cardenas, who contracted COVID-19 in March.RELATED: Two Oceanside bars voluntarily close after positive COVID-19 testsThe 28-year-old was healthy with no underlying conditions before COVID-19 but suffered from complications with breathing when she became ill. She still deals with lingering effects now.“I’ll go walk my dog, and I’m still having difficulty breathing when I get home,” she said.For someone who experienced how troubling the virus can be, the fact that many people are now mixing with friends and extended family, going against the county’s public health order, does not sit well.RELATED: Governor asks California county to reimpose stay-at-home“It’s really disheartening to see that people are still not getting it,” she said. “Even if you feel fine, you could be a carrier.”The county officials have said it is up to law enforcement agencies to decide how to enforce the rules when it comes to gatherings, social distancing, and facial coverings.However, many officers feel like their hands are tied.A spokesperson from the San Diego Police Department said, “We do not and will not go into private homes to enforce any of the county health orders.” Private residences cannot be entered without legal authority. It is imperative the public does their part and takes responsibility to limit the spread of the virus.”ABC 10News heard from several law enforcement agencies across the county, including the San Diego Sheriff’s Department, Chula Vista, Coronado, La Mesa, and El Cajon Police Departments.Many said they have been focusing on education first or giving warnings when they see violations. Actual enforcement has been the last resort option.The departments have been relying on community members to comply with the public health order and do their part to slow the spread, which includes social distancing, wearing a facial covering in public, and washing your hands.“I think it’s our social responsibility to really take this seriously,” said Cardenas. 3295

SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) - During this LGBTQ Pride month, 10News is looking at the rainbow of leadership in San Diego. San Diego has more LGBTQ members in political office than you may realize. We met State Senate President Pro-Tem Toni Atkins at a coastal event for research on climate change. Atkins says it’s everyday attention to universal issues like this that further acceptance of openly gay leaders like her. Christine Kehoe was San Diego’s first openly gay politician. She was elected to the San Diego City Council in 1993 and went on to serve more than a decade in the State Assembly and Senate. “The fact is there are a lot of people who blazed trails to allow me to serve; to allow Toni Atkins, Jen Campbell, Georgette Gomez, Chris Ward….our cup really runneth over in San Diego." Assembly member Todd Gloria said no one should hide who they are. "I think I'm a better elected official because of who I am. I think more importantly, the people of San Diego want to know who their elected officials are." 1015

SAN DIEGO (KGTV) -- High School sports in the fall has been a big question mark due to the COVID-19 pandemic, and next week, the California Scholastic Federation is expected to make a decision as to whether the students athletes will be taking the field. But one local head coach is encouraging parents to step up, and voice their opinion on the matter. Scripps Ranch football coach Marlon Gardinera, has formed "Letfamiliesdecide.org"."So if everybody really wants the kids in school, what we have to do is give them a voice in letting them get back to high school sports. As an example, at Scripps Ranch High School, ninety-four percent of the families said not only do they want their kids back in school, but they want them on campus."Currently, coach Gardinera says the number of players has increased at the Falcons summer's workouts"Parents are deciding they want their kids on campus. Thirty percent more of them are sending their kids out to football this summer. The kids have been cooped up in the house, and parents want them participating in a controlled activity."Of course with safety being the number one priority."We take everyone's temperature, and we ask them five symptom related questions before we let them loose. They arrive and leave with masks."So without a doubt, the sixty-four thousand dollar question is this. Should sports begin in the fall if students are not back on campus? Coach Gardinera says that is a tough call."My personal opinion, I think to some degree, is yes. Most of the sports we participate in are outdoors, some of them naturally lend themselves to social distancing."Coach Gardinera is hoping parents will check out "Letfamilesdecide.org. It will enable them to hear the latest news, as well as keep in contact with school, and CIF officials. 1802

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