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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) - Recent rainfall has led to an influx of seabirds washing ashore and becoming beached along San Diego's coast, the San Diego Humane Society said Friday.The organization's Project Wildlife program, which focuses on animal rehabilitation and conservation, has recently cared for multiple seabirds, including loons, western grebes and a blue-footed booby who became beached during periods of high surf and stormy weather.Seabird diets are also affected by rainfall as vacillating ocean temperatures cause their food sources to dive deeper than normal. Consequently, the birds are often too weak to get past strong coastal waves into the open ocean. Humane Society animal care staff recently transferred their rescued birds to SeaWorld for further rehabilitative care.Residents are advised to contact a lifeguard, the Humane Society's Humane Law Enforcement division at 619-299-7012, ext. 1, or SeaWorld at 800-541- 7325 if they see a beached or struggling seabird. Birds that are in immediate danger can also be wrapped in a towel and brought to Project Wildlife, located at 5433 Gaines St. 1112

SAN DIEGO (CNS) - San Diego Loyal SC is scheduled to resume play Saturday evening, facing Sacramento Republic FC at Torero Stadium three days after both teams had games postponed because of positive coronavirus tests by LA Galaxy II.SD Loyal's game Wednesday against LA Galaxy II at Dignity Health Sports Park in Carson was postponed after individuals scheduled to be involved in the game tested positive for COVID-19 as part of weekly routine testing, USL Championship announced.The individuals were immediately isolated at home, demonstrating no symptoms, and in good spirits under the care of team physicians, according to the league. All league, local and state health and wellness protocols were being followed, the league reported.USL Championship also postponed Wednesday's Republic FC-Orange County SC game scheduled for Sacramento after the league was notified of a positive COVID-19 test result from a "previous opponent."Republic FC lost to LA Galaxy II, 1-0, last Saturday.USL Championship announced on Thursday that 11 "covered persons" with LA Galaxy II had tested positive in testing conducted Tuesday.USL health and safety protocols require all covered persons to undergo weekly testing. All tests for LA Galaxy II before Tuesday had been negative, according to the league."There are a lot of adjectives to describe the last 24 hours, certainly wild, crazy," SD Loyal coach Landon Donovan said on Thursday. "But most of all I'm happy about how our team handled it because it was not easy. There were a lot of ups and downs."SD Loyal personnel were tested again Thursday and all were negative, Donovan said. The team has not had a positive test result, Donovan said.Like most other sporting events around the world, fans will be barred from the Division II men's soccer game under public health directives prohibiting public events and gatherings because of the coronavirus pandemic.The 7 p.m. game will be televised by The CW San Diego and ESPN+. 1970

SAN DIEGO (CNS) - The San Diego chapter of the Surfrider Foundation announced Tuesday that it sent more than 2,200 letters from county residents to federal, state and local leaders calling for the prioritization of addressing toxic waste and pollution in the Tijuana River and coastal waters in south county.The organization said it sent letters to, among other people, President Donald Trump, Gov. Gavin Newsom, senators Kamala Harris and Dianne Feinstein, U.S. Environmental Protection Agency Office of International and Tribal Affairs Assistant Administrator William Charles "Chad" McIntosh, the county Board of Supervisors and the entirety of San Diego County's congressional delegation.The letters include a call to clean up contaminated water in the Tijuana River and near the U.S.-Mexico border that has resulted in closure of the Tijuana Slough and Imperial Beach shorelines for 190 days and 50 days, respectively, so far this year. Those numbers are likely to increase as rainfall later in the year typically exacerbates any contamination.The organization and the letters also call on the federal government to include Clean Water Act provisions in the U.S.-Mexico-Canada Agreement, a replacement trade deal for the North American Free Trade Agreement that went into effect in 1994."During the month of September there have been four transboundary flow reports issued by the International Boundary and Water Commission, totaling about 120 million gallons of treated and untreated wastewater that funneled into the Tijuana River and into the Pacific Ocean," the organization said in a statement.Transborder pollution from the Tijuana River has contaminated U.S. waters and coastlines for decades, forcing the county to regularly close beach access near the border. During that time, local and state officials and environmental activists have called for federal assistance to protect the health of the environment and residents near the border.In July, Reps. Juan Vargas, D-San Diego; Scott Peters, D-San Diego; and Mike Levin, D-Oceanside, introduced legislation to increase funding for Tijuana River clean-up efforts and prevention of future pollution. In April, Harris and Feinstein submitted a jointly written letter to multiple federal agencies requesting they address sewage runoff in the river.Surfrider and the city of San Diego have also filed lawsuits against the U.S. section of the International Boundary and Water Commission, which oversees waterways that traverse the border. The lawsuits argue that the UBWC has neglected pollution in the river and its effect on the environment."Now is the time to continue to elevate this dire issue," said Bethany Case, co-lead of the organization's Clean Border Water Now campaign. "We need the support of our highest levels of government." 2807

SAN DIEGO (CNS) - San Diego County's Vector Control Program reminded residents Friday to take precautions against ticks throughout the winter season.Winter is tick season in San Diego County and residents are advised to wear insect repellant and long sleeves and pants when hiking and camping. Ticks are unlikely to be found in the county's metropolitan areas but they can and do appear in nature and back-country areas, according to the county.Ticks spread several diseases, including Lyme disease, tularemia and spotted fever."Our crews are already finding a lot of ticks out there," said Chris Conlan, a supervising vector ecologist for the county. "And even though tick-related diseases are pretty rare in San Diego, nobody wants to be bitten, or have their kids or pets bitten."Residents are advised to stay on designated hiking paths and avoid touching grass, brush and wild rodents. Ticks can also latch onto clothing and bite a host well after leaving a hiking trail or camping area. If bitten, the Centers for Disease Control and Prevention recommends removing ticks with tweezers, grabbing as close to the arachnid's head as possible.Residents can find more information about protecting against ticks by visiting the county Department of Environmental Health's web page dedicated to the parasite, sandiegocounty.gov/content/sdc/deh/pests/ticks.html, and the CDC's web page on ticks, cdc.gov/ticks/index.html. 1426