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SAN DIEGO (CNS) - A San Diego judge granted a preliminary injunction Friday sought by Hall of Fame horse trainer Jerry Hollendorfer against the Del Mar Thoroughbred Club, which banned Hollendorfer from participation in the wake of a spate of horse deaths.Hollendorfer, 73, was banned last month from Del Mar and sought legal intervention to allow him to participate at this summer's racing season.He argued that Del Mar officials did not provide an adequate reason for precluding him from racing. The complaint alleges that he was notified on June 28 that he wouldn't be assigned stalls because of "PR risks and considerations."RELATED: 2 horses killed in collision during training at Del Mar RacetrackIn his written ruling, Judge Ronald F. Frazier ruled that Del Mar "arbitrarily" denied Hollendofer's stall application without providing him a hearing on the matter.In court, Frazier noted that there was no definitive link tying Hollendorfer to the horses' deaths.Thirty horses died at Santa Anita during its most recent meet that started in late December and ended in late June. Four of the those horses were under Hollendorfer's care.Hollendorfer also has been banned by the Stronach Group, which owns the Santa Anita racetrack, as well as the New York Racing Association.RELATED: Del Mar Thoroughbred Club upgrades horse safety for 2019 racing seasonJ. Christopher Jaczko, representing the Del Mar Thoroughbred Club, argued that whether or not Hollendorfer could be connected to the horses' deaths, Del Mar's decision to exclude Hollendorfer was a valid business decision based on the negative publicity Hollendorfer could bring."Mr. Hollendorfer's record over the past six months in California is problematic," Jaczko said.He alleged that banning Hollendorfer was also in the interests of horse safety and not just to avoid bad publicity. However, had avoiding negative publicity been the sole reason for the ban, Jaczko contended that would be a rational business justification on Del Mar's part, particularly with the heightened scrutiny the horse racing industry is currently facing."We're not saying he did anything to kill those horses. We're saying that in the best interest of our business, we don't want the attention, we don't want the clamor that we're not doing everything we can to change business as usual," Jaczko said.Jaczko also said the ban does not cause "irreparable harm" to Hollendorfer, as he has the ability to participate in other races, including several ongoing and upcoming races in California.Talking to reporters outside the courtroom, Hollendorfer said he was "very grateful" that Frazier ruled in his favor."I've lost an awful lot of business because of this," said Hollendorfer, who was not sure when he would begin participating in the Del Mar racing season.Hollendorfer said he had confidence in his training methods, but would be open to recommendations to improve horse safety."I would guess my stable does more with horses every day than any other stable that I know of," Hollendorfer said. "We examine every horse every day from head to toe. We take them out of their stalls and jog them down the road and make sure that they're sound before we even consider taking them to the racetrack. I think that we're doing plenty to ensure the safety of our stable and if somebody else has another suggestion how to do more, than I'm certainly willing to listen to somebody's opinion on that."Hollendorfer's attorney, Drew Couto, said his record with equine fatalities was not as severe as Del Mar claimed, and laid blame to Stronach Group racetracks, identifying them as the common denominator in the deaths of horses under Hollendorfer's care."Where did (Hollendorfer) have equine fatalities? He had them at Stronach group racetracks," Couto said. "They were horribly managed in our opinion this last year and that's the cause of these issues."Couto did not make any definitive statements regarding any legal steps towards contesting Santa Anita's ban."One step at a time," Couto said. "We had to take care of this issue. They (Santa Anita) are certainly on our radar and probably next up."Another status conference in the Del Mar case is slated for Oct. 25 in Frazier's courtroom. 4226

SAN DIEGO (CNS) - A woman driving on a suspended license who had more than three times the legal blood-alcohol limit when she crashed her SUV head-on into another vehicle while driving her three young daughters through Rancho Bernardo was sentenced Thursday to 14 years in state prison. Mayra Alejandra Gonzalez, 30, -- on probation for a prior DUI -- had a .29% blood-alcohol content when she drove on the wrong side of Camino del Norte Nov. 12, 2018. Her SUV crashed head-on into an oncoming 2011 Jeep Liberty, causing severe injuries -- including a skull fracture and a brain bleed -- to her 9- month-old daughter, who was riding unrestrained. The defendant's 2-year-old daughter suffered facial injuries and her 8-year-old daughter broke a bone. The 57-year-old driver of the other car suffered broken bones and underwent five surgeries to treat his injuries. RELATED: Mother arrested for wrong-way DUI crash that injured childrenDeputy District Attorney Ramona McCarthy told the court at Thursday's sentencing that Gonzalez was drinking throughout the day on Nov. 12 and driving with her kids in her vehicle on a trip that stretched from North San Diego County to East County and back. She crashed into a signpost and a parked car, and backed into a wall prior to the crash that led to her conviction, the prosecutor said. ``She put alcohol and what she wanted to do above the safety of her children and the safety of the community,'' McCarthy told the court. Considering the condition of her then-9-month-old, who still uses a feeding tube to this day as a result of the crash, McCarthy said ``It's a miracle (Gonzalez) is not here on a murder charge.'' RELATED: Mom pleads guilty to Rancho Bernardo DUI crash that injured her daughtersGonzalez was arrested the day after the collision at Palomar Medical Center. At the time of the crash, she was on probation and driving on a suspended license due to a 2017 North County DUI, in which she crashed while pregnant and with at least one of her children riding in the vehicle. She had .23% blood-alcohol content in that case. Gonzalez, who pleaded guilty in August to felony child abuse and drunk driving charges, addressed the court, asking for leniency and the chance to see her family sooner. ``My children are my world, my reason for living,'' said Gonzalez, adding she was ``very, very remorseful'' for the crash. RELATED: Mother of three going to prison for DUI crashShe said she's since taken numerous classes on parenting and alcohol abuse in an attempt to better herself and would never drink and drive again. San Diego County Superior Court Judge Laura W. Halgren said she believed Gonzalez was remorseful for what happened, but said deterring others from making the same mistakes and taking Gonzalez's history of drinking and driving into account factored into imposing a higher sentence. 2860

SAN DIEGO (CNS) - As part of its reopening plan amid the coronavirus pandemic, the San Diego Unified School District allowed some students facing severe challenges to return to in-person learning today, but a timeline for the district to reopen fully remains unclear.Phase 1 of the district's plan to reopen is to allow elementary school students ``who have been uniquely identified by their teachers as experiencing learning loss'' to have limited in-person appointments.Participation is voluntary and students who participate in the sessions will continue to receive online learning.On Tuesday, Lafayette Elementary School in the Clairemont Mesa neighborhood invited back 25 of the 27 students who were asked to return to in- person instruction -- many of whom are part of a deaf and hard-of-hearing program at the school.The district's Phase 1 includes a mandate for less than 20% capacity for rooms and for schools, half days to avoid groups eating at schools and a six-foot distancing everywhere on school grounds -- barriers or no barriers.This summer, San Diego Unified adopted standards developed in consultation with experts from UC San Diego. As a result, conditions for the district's reopening local schools are considerably stricter than state standards, and much stricter than various other school districts in the region that have opened for in-person learning.According to the district, all California Department of Public Health criteria has been met to a level where limited in-person classes are possible.The next stage will be when both state and county data fit the district's stricter metrics. That date is anyone's guess, leading to some frustration from parents.Parents and guardians in the ``Reopen SDUSD'' group said the district's current reopening plan was ``riddled with vague language that is a far cry from a comprehensive plan that families have been asking for.''With the criteria SDUSD has in place, it could be weeks or months until in-person school becomes more widely used. Even then, it's not a guarantee school will head back as soon as the numbers fit.In the Chula Vista Elementary School District, a push from Superintendent Francisco Escobedo to reopen the state's largest elementary school district for in person instruction on Oct. 26 was met with significant backlash from the Chula Vista Educators union.Susan Skala, the union representative, said collective action and possibly even a strike was on the table unless Escobedo and the administration backed down. Chula Vista is seeing higher-than-average numbers of COVID-19 cases and hospitalizations, and after parents, guardians and educators spoke at a town hall last week, the district relented, moving the new start date to sometime ``near the end of the year.''That example leaves San Diego Unified with a difficult path to walk during the continuing pandemic with public safety, education, unions and families all playing a part.The district has made efforts to make schools and sites safe, purchasing million in personal protective equipment and other safety equipment. It has also received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. 3211

SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675

SAN DIEGO (CNS) - A Vista man who possessed child pornography and also secretly recorded an underage girl showering at his home via hidden camera was sentenced Friday to seven years in federal prison.Following his release from custody, Jeffrey John Lenhof, 41, will also be on supervised release for 10 years, during which he will be required to comply with conditions that include a prohibition from having contact with minors or accessing the Internet.Lenhof pleaded guilty last year to a receipt of child pornography count, following a law enforcement investigation into suspected child pornography on his computer.Homeland Security Investigations found that from as early as March 2017, child pornography files were made available from his home via a peer-to-peer file-sharing program, the U.S. Attorney's Office said.A search warrant served at his home in April of 2019 resulted in the seizure of three computers, an iPhone and an SD card that contained child pornography or were used to download or view child pornography, according to the U.S. Attorney's Office.Investigators also found videos that appeared to have been recorded with hidden cameras in his home and other locations.One video showed a teenage girl, aged 13 or 14, entering the bathroom of his home, undressing and showering, with no indication she is aware of the camera's presence, court documents state. The U.S. Attorney's Office said a man witnesses confirmed was Lenhof can be seen setting up the camera prior to the girl entering the bathroom and retrieving it after she left.A second search warrant served at his home last year led to the seizure of three additional hidden cameras, prosecutors said."Today's sentencing highlights the hard work of our agents and the U.S. Attorney's Office to take a child predator offline, and should serve as a warning to others who perpetuate the exploitation of children," said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI). "Every one of the images and movies Lenhof produced and possessed was created at the expense of an innocent child, and sending criminals like Lenhof to jail will continue to be a top priority for HSI." 2190

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