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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

SAN DIEGO (AP) — Conan O'Brien has agreed to settle a lawsuit with a writer who says the talk-show host stole jokes from his Twitter feed and blog for O'Brien's monologue on "Conan."Attorneys for O'Brien and the writer, Robert Kaseberg, filed documents in San Diego federal court Thursday announcing the agreement. The terms were not disclosed.The deal comes nearly four years after the rare joke-theft case was filed and about three weeks before the trial date.RELATED: Conan O'Brien to defend himself against San Diego writer in joke theft trialO'Brien wrote a column in Variety explaining the settlement decision, insisting that neither he nor anyone on his staff ever heard of Kaseberg, his blog or his Twitter account, and no one stole any jokes. But O'Brien wrote that he wanted to forgo a "potentially farcical and expensive" trial.Kaseberg's attorneys didn't immediately reply to a message seeking comment. 922

SAN DIEGO (KGTV)- A spokesperson for the County of San Diego said over two days, they have received approximately 580 complaints of businesses and entities not following the proper restrictions under the purple tier.The county has already sent out dozens of cease and desists orders since Monday. That includes at least two churches, Foothills Christian Church and Awaken Church, but the warnings are not stopping some churches from shutting down indoor operations.Since the pandemic began, Awaken Church has received two cease and desist letters. Once in July for its Balboa Campus, and the latest on Monday for the Carlsbad location, but it appears the church has no intentions of shutting down indoor services.A statement posted on the church’s website said in part, “In keeping our First Amendment right, we will continue to minister to those who are the most affected by all the COVID-19 lockdowns. Specifically tending to those who are struggling with depression, anxiety, hopelessness, suicidal thoughts, and addiction.”Bishop Arthur Hodges is a Senior Pastor at South Bay Pentecostal Church. As bishop, he oversees more than 100 churches in Southern California, including 25 in San Diego County.“About 50 percent are electing to remain indoors for worship,” he said. “About 30 percent are outdoors, and 20 percent are online only.”Hodges has taken the fight to stay open to the U.S. Supreme Court once, and it about to again, hoping a ruling could benefit all houses of worship nationwide.“We are filing either today or tomorrow back in the Supreme Court to reopen churches and for our constitutional guarantees to be recognized,” he said. “We are hopeful for an expeditious ruling, and we think it’ll be favorable to churches, and that’ll affect churches not only in California but across the nation.”A county spokesperson said if a cease and desist order is ignored, the next step would be a closure order. After that, law enforcement is asked to get involved by giving citations with a thousand dollar fine for each violation; then the case goes to either the San Diego District Attorney or City Attorney.In a video posted to the Awaken Church website in August, two church pastors explained why they believe religious services are essential, explaining the risks to their congregants’ mental health.It’s something we’ve heard from other religious leaders, like the lead pastor of Skyline Church, Dr. Jeremy McGarity.“We can’t stand by and not help people,” said McGarity. “We realized we can protect the most vulnerable and have services at the same time. We saw the huge rate of suicide ideation that went through the roof.”Hodges said he understands the pandemic is serious and can be deadly.“One of my daughters is a nurse at a local San Diego hospital and works with COVID patients, and I have two very near and dear personal friends who have died of COVID, so we know this is real, but we need to keep things in balance and perspective,” said Hodges.He urges every house of worship to take the necessary precautions but believes churches can stay open and stay safe at the same time.“We have zero cases, zero cases in our local church as a result of being on the church campus,” he said. “Churches are absolutely essential.”ABC 10News reached out to both Awaken Church and Foothills Christian Church for comment but have not yet heard back. 3366

SALINAS, Calif. - A school district in California has provided a hot spot to the family of two students, whose picture of them sitting outside a Taco Bell doing their homework went viral.According to CNN, the girls were using the restaurant's free WiFi to do their homework.The picture was tweeted out by Monterey County Supervisor Luis Alejo, who captioned the photo by saying, "We must do better & solve this digital divide once & for all for all California students." 486

SAN DIEGO — (KGTV) -- Democrat Sara Jacobs continues to hold a double-digit lead over Democrat Georgette Gomez in the race for California's 53rd Congressional District, according to a new scientific poll.The ABC-10News Union-Tribune scientific poll shows Jacobs leading Gomez 40 percent to 27 percent, with 33 percent still undecided. The two Democrats are vying to replace Susan Davis, who is retiring in the central and south San Diego district after nearly 20 years. The poll shows Jacobs, granddaughter of Qualcomm founder Irwin Jacobs, leading in support from those who describe themselves as liberal, moderate, conservative, and very conservative. Gomez, currently the City Council president, is generating most of her support from voters who describe themselves as very liberal."With only two weeks left to go until the election, Georgette Gomez is running out of time to close the gap on Sara Jacobs," said Thad Kousser, a political scientist at UC San Diego.Kousser said the closer the election gets, the harder it will be for Gomez to catch up, because of the increase in mail-in ballots and early voting. The poll shows 26 percent of the respondents already sent in their ballots. Kousser said, however, that Jacobs still has not reached the 50 percent support threshold, leaving the door open for Gomez, who will have to convince most of the undecideds to support her. "She hasn't been making substantial progress at the same time that she's being hugely outspent on the airwaves by Sara Jacobs," he said. Federal Election data shows Jacobs outspent Gomez nearly 5 to 1 through Sept. 30.In an interview, Jacobs said she would not rest on polling."I worked on the 2016 presidential campaign so I love seeing good polls but I will continue working very hard for every last vote," she said. "It really comes down to each individual vote making that decision and we're going to try to talk to as many as we can over the next 14 days."Gomez was attending a City Council meeting and not available for an interview Tuesday. However, campaign spokesman Dan Rottenstreich said the campaign was operating at full speed, and noted that Gomez gained some ground from the prior ABC-10 Union Tribune poll in September. That version showed Jacobs leading 38 percent to 24 percent, with 38 percent undecided. "The election is far from over, and we're going to continue to mobilize our coalition," Rottenstreich said. "We're gaining ground. Voters are just now learning more and more about Georgette's story, her proven record and her bold agenda in Congress."SurveyUSA polled 511 likely voters with a 5.6 percent margin of error. 2634

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