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SAN DIEGO (KGTV) - A judge decided Friday to place a sexually violent predator in the East County community of Boulevard. Michael Joseph Martinez, 64 has multiple previous convictions including child molestation and lewd and lascivious acts upon a child under 14, according to County Supervisor Dianne Jacob’s office.The judge added Friday that the sheriff’s department will be extra vigilant and security will be heightened.The judge decided to place Martinez at the Department of State Hospitals recommended location of 2135 McCain Valley Road. The schools closest to the address include Clover Flats Elementary School and Jacumba Elementary School, according to the San Diego County Sheriff's Department.A mother of one of the victims from 25 years ago spoke at the hearing saying, “I know that you can’t change the order and I’m glad that there’s going to be very strict ordering, but I hope this doesn’t happen to another child or family.”RELATED: Dianne Jacob slams proposed placement of predatorJacob said the placement would put public safety at risk. She adds that several sexually violent predators have been placed in East County in recent years and in some cases, the convicts ended up violating the conditions of their placement.In a letter to Judge David M. Gill, Jacob recommended that Martinez be placed in a state mental hospital or, if necessary, released to a trailer next to Donovan State Prison in Otay Mesa.Jacob represents San Diego County’s District 2, covering most of the eastern two-thirds of the county.San Diego County is home to approximately 4,000 registered sex offenders. About half of them have committed crimes against children. 10 percent are homeless, according to the District Attorney’s office.You can get information about sex offender who may be living near you through the Megan’s Law website.San Diego County residents can also receive alerts about sex offenders who move into their area here. 1964

SAN DIEGO (KGTV) -- A mountain lion cub rescued by the San Diego Humane Society continues to make great strides in its recovery.The Humane Society said the female cub was found by Vista Grande Fire Station firefighters near a road in Idyllwild on Sept. 2. The cub was “semiconscious, extremely emaciated, dehydrated, weak and had tremors,” according to the Humane Society.Under the care of the Humane Society’s Project Wildlife, the cub -- believed to be 14 weeks old -- has made significant health progress.Through daily fluid therapy, medications, and proper meals, the Humane Society said the cub has increased her weight from 10.5 pounds to 22 pounds.Christine Barton, the director of Operations & Wildlife Rehabilitation at the Humane Society’s Ramona campus, said, “With each passing day, she becomes more active and responsive and, though she still has some medical issues to overcome from being in such a fragile state, we are delighted she has responded well to our treatment and are hopeful she will make a full recovery. Mountain lions are special predators and we are proud to have an expert team trusted by the state of California to care for the species.”The Humane Society added:“Mountain lions typically stay with their mother until they disperse to live a solitary life at around 12-18 months of age. Because it is not safe to return a young mountain lion to the wild if found injured or orphaned as a kitten, Project Wildlife has been working with the California Department of Fish and Wildlife to monitor her progress and when stabilized, to ensure she has a good permanent home at a qualified facility.San Diego Humane Society acquired the Fund for Animals Wildlife Center in Ramona on Sept. 1 from the Humane Society of the United States. This mountain lion cub is the first wildlife patient admitted at the Ramona Campus since San Diego Humane Society’s Project Wildlife took over.Project Wildlife is one of only two licensed rehabilitation organizations that have a special agreement with the state to work with black bears and are also routinely called on to assist with other apex predators, such as mountain lions.” 2153

SAN DIEGO (KGTV) — A man who spent almost half his life behind bars for a murder did not commit walked out of Donovan Prison in South San Diego County Friday a free man. Spaghetti with meatballs. This is the meal Jack Sagin has been dreaming of for years. The 73-year-old spent the last 33 years in several different state prisons for a crime he did not commit. "I'm sitting there getting up every morning, wondering what the hell am I doing here?" Sagin said. "I ain't done nothing."In July 1986, Sagin was charged with the stabbing murder of a Monterey woman, Paula Durocher. The then-39-year-old used drugs, had a record, and was a perfect scapegoat. His imprisonment was all dependent on two jailhouse informants. "An easy one to convict," Sagin said. But he was stubborn too. Once in prison, Sagin continued to write letters to his Attorney General, congressmen, and anyone else who would listen to his cry of innocence. Then, he heard of a scientific breakthrough that could help him. "When it became DNA, it blew the top of my head off," Sagin said. Sagin was one of the first cases the Northern California Innocence Project took on in 2002. Investigators with the nonprofit reopened the case and found a clue. "We have DNA from a probable perpetrator right there, underneath her fingernails," Northern California Innocence Project attorney Kelley Fleming said. That DNA, they found, did not belong to Sagin. For the next 17 years, the Innocence Project fought to free him. "We had a deal," Fleming said. "That deal was that we weren't going to give up, but he had to keep himself alive. And that's not an easy thing to do in prison. But he did it!""Believe me… Nobody was going to stop me from surviving," Sagin said. In August, the Sixth District Court of Appeals overturned his conviction. On Friday at 9 a.m., Sagin was released from Donovan Prison, and walked straight into the arms of his sister, Barbara Kosar. She has invited Sagin to live with her and her family in Arizona. Just four days before his 74th birthday, a man who was destined to spend life in prison without parole became a free man. He hopes to pay it forward. "I want to work with some youngsters and maybe help somebody," Sagin said. Somebody who may need some inspiration to never give up. The Northern California Innocence Project believes the real killer is still out there. They say they are hopeful Monterey County law enforcement will continue their investigation into the cold case. 2479

SAN DIEGO (KGTV) - A judge declared a mistrial Monday in the retrial of an undocumented immigrant accused of being the driver in a San Ysidro hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash on Camino de la Plaza May 6, 2017.Investigators said Banda ran a stop sign at Dairy Mart Rd. and crashed his pickup truck into the Lake family’s Honda Accord.6-year-old Lennox Lake was in a child safety seat at the back of the car. He suffered serious head injuries.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.RELATED: Retrial begins for undocumented immigrant in crashDuring Banda's first trial, his passenger, Jorge Adame Ariza, also an undocumented immigrant from Mexico, testified under a grant of immunity during the defendant's two-day preliminary hearing in June that he and Banda had a number of beers that night before the accident.Adame said Banda got into a fight with another man outside a Chula Vista restaurant. Adame told them he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152 percent -- the legal limit is .08 -- during two breathalyzer tests.Federal immigration officials said Banda has been deported from the United States 17 times.Immigration and Customs Enforcement officials told 10News if Banda is not tried again (and effectively not convicted) he may or may not be deported.  ICE has requested that he be forwarded to the agency's custody upon any potential release. Banda's release will be subject to the Sheriff's Department under the California Sanctuary Law, ICE officials said. A judge will decide Friday whether a third trial will take place. 1938

SAN DIEGO (KGTV) — A San Diego couple is doing all they can to bring joy to hundreds of kids living in orphanages and shelters around the county.And despite the pandemic, they have donated thousands of stuffed animals to little ones in need.Charles and Linda van Kessler, with Passion 4 Kids, have donated 5,000 stuffed animals this year to kids in orphanages and shelters around the county."They need so much more and deserve so much better," Linda van Kessler said. "For these kids, it means a lot. It's something that's theirs. Something that gives them unconditional love."More than half of Passion 4 Kids' donations have been delivered in the past month. The couple says the kids cling to their new toys like a security blanket, of sorts."They are just so craving for love and someone to care about them and play with them. Most of the time we end up in tears because it's just so heartbreaking," Linda said.Charles says he knows the power of giving comfort first hand. He spent nearly 10 years in an orphanage in Amsterdam during World War II."I saw my family snatched away for the nazis. So I ended up in a state orphanage for 8 years, of abuse. I ran away and when I came to America I immediately decided to create a charity," Charles van Kessler said.And the pandemic has taken a toll on children. Volunteers have not been able to make their regular visits."It's one more layer that's taken away from them," says Linda.The couple hopes the stuffed animals will bring them comfort until they can see their little friends again.To make a donation to Passion 4 Kids, click here. 1592

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