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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 body of a 14-year-old boy was found near railroad tracks by a maintenance crew in the Bay Ho neighborhood, sheriff's officials said.At about 2:50 a.m. Saturday, the crew discovered someone who appeared to be struck by a train in the area of 6000 Santa Fe St., according to Lt. Thomas Seiver of the San Diego County Sheriff's Department homicide unit.After an investigation at the scene by the sheriff's Railroad Enforcement Team, the homicide unit took over the case, Seiver said.The boy has been identified and his next of kin notified, but his name is being withheld because it may jeopardize the investigation, the lieutenant said.The county Medical Examiner's Office will perform an autopsy to determine the cause and manner of the boy's death, Seiver said.Anyone with information about the incident is asked to call the sheriff's homicide unit at 858-285-6330 or Crime Stoppers at 888-580-8477. 929

SAN DIEGO (CNS) - The San Diego City Council on Monday will honor area residents who assisted victims in the Las Vegas mass shooting that left 58 concert-goers dead and hundreds of others wounded.Councilwoman Lorie Zapf plans to introduce a proclamation declaring "Las Vegas Unsung Heroes Recognition Day" in San Diego.In it, she calls the Oct. 1 shooting at a country music festival "one of the most horrific events in American history" and lauds Taylor Winston, Jenn Lewis, Officer Max Verduzco, Officer Tom McGrath and his wife, Tiffany.RELATED: Brother of Las Vegas shooting victim Jennifer Irvine urges educator-only pension to divest in gunsShe said Winston -- an ex-Marine living in Ocean Beach -- and Lewis, his girlfriend, found a truck with its keys in the ignition and used it to rush about two dozen shooting victims to a hospital.Verduzco knocked over a fence, allowing the crowd to escape the scene, according to Zapf. Tom McGrath treated numerous gunshot victims on the concert grounds.The two cops were among more than a dozen SDPD officers at the festival, along with seven San Diego firefighters.RELATED: San Diego attorney among victims of Las Vegas concert shooting"Many national news outlets and social media outlets have shared these local citizens' stories and hail them as heroes," Zapf says in her proposed proclamation. "They humbly accept this praise, but they are quick to recognize the many unsung heroes who also stepped up to the plate to help their fellow concert-goers to safety."A spokeswoman for Zapf said the five named in the proclamation all plan to attend the event at a City Council meeting.The gunman, 64-year-old Stephen Paddock, opened fire from the 32nd floor of the Mandalay Bay Resort and Casino into the crowd at the Route 91 Harvest Country Music Festival during a performance by Jason Aldean. Paddock shot himself as SWAT officers prepared to breach his room.RELATED: Names of everyone killed in Las Vegas mass shootingThe dead included a 42-year-old San Diego attorney, Jennifer Irvine. Several San Diego County residents are recovering from serious wounds.Winston told CNN he instructed nearby audience members to keep their heads down and get out of the area. He and Lewis helped numerous people climb over a fence, he said.He said he spotted a lot filled with work trucks and found one with a key.RELATED: White crosses honor shooting victims at Las Vegas' iconic entry sign"Once we were in it, we decided to go help get everyone out of there," Winston said. They drove back to the venue, where some friends were setting up a "makeshift hospital" away from the continuing gunfire.They drove as many people as they could at a hospital, where staff helped unload the patients, he said."Once we were clear, we just said let's go back for more," Winston said. "We went back for a second trip and filled (the truck) to the brim."RELATED: San Diegans honor Las Vegas shooting victims with human peace signAt a news conference, Tom McGrath said he and his wife were approached by a young woman soon after the shooting started."She'd taken a round to the chest. She was holding her chest, and I could see a large amount of blood come out," he said.McGrath responded by tearing off his shirt and pressed it onto her wound.RELATED: Renewed interest in life-saving class following Las Vegas shooting"And I felt more hands go on top of mine ... from everywhere, trying to help me put pressure on this wound," he said. "And we were trying to lay her down. ... And while we were tying to get (security personnel's) attention and tending to her, the second round of (gunfire) came on, and I remember I just grabbed my wife ... and I just pulled her close to me, and I laid on top of her, and I tried putting her on top of the (wounded) girl, and still everybody had their hands on top of mine."He said he helped Tiffany and others scale a fence, climbed over himself and realized he'd become separated from his wife. As he searched for her, he helped a man with a neck wound and applied a tourniquet to a woman's injured leg.Verduzco said he applied a tourniquet for a wounded man and helped a woman who had been shot in a leg.RELATED: Las Vegas hospital waiving medical costs for mass shooting victims 4268
SAN DIEGO (CNS) - State regulators have approved .1 million in funding for a slew of hydrogen refueling stations, including four in San Diego County, officials said Saturday.The funding, for a total of 123 stations statewide, will "expand California's early commercial light duty hydrogen refueling and fuel cell electric vehicle markets and (will) accommodate the projected FCEV roll-out in 2021-2024," according to the California Energy Commission.Funds were awarded to three companies -- FirstElement, Iwatani and Shell -- for 36 hydrogen stations to service passenger vehicles. Another 87 stations were also recommended for funding to these same awardees in subsequent funding batches.The funding awarded Friday includes stations at the following locations:1832 W. Washington St., San Diego1666 First Ave., San Diego11030 Rancho Carmel Drive, San Diego7170 Avenida Encinas, CarlsbadThe stations are funded by Assembly Bill 8, passed in 2013. 956
SAN DIEGO (CNS) - The onetime head of a South Bay parent-teacher association was sentenced today to three years probation for embezzling around ,000 from the organization.Kaitlyn Faith Birchman, the former president of the Imperial Beach Charter School PTA, pleaded guilty in February to a felony forgery count. Had she gone to trial and been convicted of forgery and grand theft, she would have faced a potential three-year, eight-month prison sentence, according to the prosecution.Per the terms of her probation, Birchman will have to complete 15 public work service days and make ,000 in restitution to the PTA. If she pays the ,000, her forgery conviction will be reduced to a misdemeanor, according to prosecutors.Birchman, 30, was taken into custody in early January at her Temecula home on an arrest warrant issued in November. She cooperated with investigators, according to Sgt. Karl Miller, who said the thefts occurred over a roughly year-long period. At the time, Birchman's children were attending the charter school, he said. 1057
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