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SAN DIEGO (CNS) - A jury awarded million Friday to the widow of a retired San Diego Police Department criminalist who committed suicide after he was accused of a 1984 murder.The attorneys alleged the investigation was begun improperly by San Diego police homicide detectives, driving her husband to suicide.The verdict was the result of a federal lawsuit alleging wrongful death and civil rights violations filed by Kevin Brown's widow, Rebecca, against the city of San Diego and its police department. Jurors are due back in court Tuesday to consider punitive damages.Brown, 62, was suspected in the murder of Claire Hough, who was strangled and found dead at Torrey Pines State Beach in 1984. Brown hanged himself at Cuyamaca Rancho State Park in October of 2014, which his lawyers said was a result of the homicide investigation, as well as the seizure of numerous items of sentimental value from his Chula Vista home.Rebecca Brown's attorneys alleged now-retired SDPD Detective Michael Lambert misled a judge when securing an affidavit for a warrant to search and seize property at Brown's home. The affidavit was secured on the basis of Brown's sperm cells, which were found on a vaginal swab of Hough, though Rebecca Brown's attorney, Eugene Iredale, said those cells were most likely transferred onto the swab via accidental cross-contamination.Iredale told jurors that lab techs at the SDPD crime lab often used their own semen as reference samples when conducting testing for the presence of semen.Other DNA evidence found on Hough's clothing pointed to another suspect, Ronald Tatro, who was previously convicted in several other rapes and assaults on women. Tatro, who died in 2011, was matched to several blood stains and a pubic hair found on the girl's clothing, Iredale said.Despite Tatro's DNA being far more prominent on the swab, Iredale said Lambert used Brown's sperm cells and evidence that Brown had frequented strip clubs in the 1980s to suggest he worked in concert with Tatro in the killing.However, no such connection between the men was ever discovered, nor was Brown ever connected to the murder.Brown, who suffered from anxiety and depression, was "obsessed with getting his property back," Iredale said, yet was unable to secure their return over the course of several months.Iredale said the prospect of spending time in jail while fighting to clear his name and the property seizure was enough to push Brown to suicide.The attorney said Lambert was aware Brown was suicidal and held onto his property "because he knew it would cause pain and hurt, because he felt he was going to break him down, he was going to crack the case."Deputy City Attorney Catherine Richardson argued at trial that Lambert relied upon DNA experts when he wrote the affidavit and was not given all the information he needed.The attorney said Lambert asked about contamination when presented with the evidence of Brown's DNA, but was told by his sergeant that contamination was not possible. She also said Lambert was not informed that SDPD lab techs sometimes used their own semen for testing until months after the search warrant was secured.Richardson said the items from Brown's home had to be seized in order to prove or disprove a possible connection between Tatro and Brown, which would have dated back more than three decades, and that a rigid investigation was needed to prove there was no favoritism toward an SDPD employee."If he hadn't investigated (Brown), then the police would have been accused of covering up for one of their own," Richardson told the jury in her opening statement. 3615
SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131
SAN DIEGO (CNS) - Barrels holding an unknown substance were found on a Rancho Pe?asquitos sidewalk today, and San Diego Fire-Rescue investigators were looking into it.The unidentified drums were found unattended around 9:30 a.m. on Kika Court near Mercy Road.Hazmat crews took samples from the drums but were unable to determine what substance was inside, San Diego Fire-Rescue spokesman Jose Ysea said.Investigators left the scene, and a contractor was called in to remove and dispose of the material. 510
SAN DIEGO (CNS) - A U.S. Army veteran pleaded not guilty in San Diego Wednesday to a pair of assault with a deadly weapon charges for allegedly stabbing an active-duty serviceman who, along with a friend, pointed out that the veteran's Private First Class badge was upside down on his uniform.Marc Dominguez, 42, who served in the Army in 2003 and 2004 as a Private First Class E-3, was ordered held on ,000 bail.Deputy District Attorney Kelly Rand told Judge Maureen Hallahan that Dominguez stabbed the active-duty serviceman and lunged at the victim's friend with a knife about 11:30 p.m. last Thursday at a Gaslamp Quarter bar after they questioned whether the defendant was in the military because a patch on his uniform was not attached correctly.The active-duty serviceman was stabbed in the head and bicep and sliced his fingers while trying to get the knife away from Dominguez, the prosecutor said. The other man wasn't hurt.Based on the prosecutor's statements in court, the judge found that Dominguez was a danger to the community and raised his bail from ,000 to ,000 and ordered him to stay away from the victims.A readiness conference was set for Nov. 28 and a preliminary hearing for Nov. 30. 1230
SAN DIEGO (CNS) - Lab-confirmed flu cases rose nearly 70 percent in San Diego County last week as flu season continues to ramp up, the San Diego County Health and Human Services Agency announced Wednesday.Doctors around the county reported 489 confirmed flu cases during the week of Dec. 8-14, an increase of 198 over the previous week's total of 291 flu cases. According to the HHSA, doctors have confirmed 1,709 flu cases since the flu season began July 1, nearly double the 932 confirmed at this time last year.No flu-related deaths were reported last week, but this flu season's seven deaths still outpace the six confirmed deaths at this time last flu season. The county measures flu seasons from July 1 to June 30 the following year concurrent with the fiscal year.RELATED: San Diego woman, 86, is latest flu death"This is the time of the season when we start to see influenza activity increase significantly," said Dr. Wilma Wooten, the county's public health officer. "Get your flu shot now to avoid getting sick."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.Residents can take precautions against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people.The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 1808