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SAN DIEGO (KGTV) - The clock is ticking as family members of Suzanne Johnson wait to see if Governor Jerry Brown will grant clemency before he leaves office Monday. Six-month-old Jasmine Miller died while under the care of Johnson at her home daycare center in North Park in 1997. Johnson found guilty of assaulting Jasmine and sentenced to life in prison. Prosecutors argued Johnson was frustrated by the baby's crying, pointing to the accepted signs of Shaken Baby Syndrome: Bleeding behind the eyes, and bleeding and swelling in the brain."We've seen a major shift in the science of Shaken Baby Syndrome," said Mike Semanchik, managing attorney with the California Innocence Project at California Western School of Law.According to Semanchik, "based on the science we know now, the jury at the time would not have found Suzanne Johnson guilty." Medical consensus now says those telltale signs of shaken baby syndrome can be caused by various medical conditions and accidental falls from short heights.Johnson says Jasmine fell out of her high chair but seemed okay, before becoming unresponsive hours later."The evidence supports an equal theory for a fall, as it does for an intentional act," said Semanchik.The science has not been enough to persuade the courts. All appeals for a new trial have been rejected."Missing her has been pretty horrific," said Sharon Johnson, Suzanne's daughter-in-law. She describes her mother-in-law as a loving woman who has remained positive, leading bible study and other groups in prison. She's up for parole in 2020, but Sharon hopes a petition for clemency on the governor's desk will be granted."She's 74. She's been wrongly incarcerated for 20 years. We just want her home," said Sharon Johnson. Semanchik says new evidence also shows paramedics forced a breathing tube down the baby's esophagus rather than her windpipe, an error that could have contributed to her death.A spokesperson for the District Attorney's office says they are in touch with Jasmine's family and remain opposed to the clemency petition.Former District Attorney Bonnie Dumanis, who did not support arguments for a new trial, has submitted a letter in support of the clemency petition."She has done well in prison. She is no longer a threat to society. I support her being let out one year early," said Dumanis. 2338

(CNN) - As the Dow was on pace for its best day of the year, and a report showed American stores had their best holiday season in six years, JCPenney's stock fell below for the first time since it started trading in 1929.That's pretty much everything you need to know about the state of JCPenney (JCP).The 110-year old company hasn't been profitable since 2010 and its prospects are bleak. JCPenney is billion in debt with a junk credit rating, a sinking cash hoard and no sign of a turnaround.With few shoppers coming to stores, JCPenney faces inventory and supply chain struggles and no clear marketing plan or strategy. The company has been forced to offer steep discounts on clothing to clear its massive inventory glut.Last month, JCPenney reported a 1 million third-quarter loss and a 5.4% drop in sales. The stock has fallen 68% this year and nearly 30% in December alone.Jill Soltau, formerly the boss of Jo-Ann Stores, became CEO in October — the company's fourth in six years. Soltau has her work cut out for her.The company's leaders said they are considering closing some of JCPenney's remaining 860 stores. That might help JCPenney in the near-term, but its long-term prospects are questionable. The company has a .1 billion debt payment due in 2023. Wall Street analysts are skeptical about JCPenney's ability to repay that money.A spokeswoman for JCPenney declined to comment.The company never really recovered from the Great Recession. It lost shoppers to cheaper sellers a decade ago and struggled to bring them back as the economy began to rebound.JCPenney plowed through its cash reserve in an expensive makeover after it hired former Apple Store chief Ron Johnson as its CEO in 2011. The plan didn't work, and Johnson was fired after 17 months on the job.It lacked the cash to improve stores, buy trendy merchandise or hire more employees.The company switched its focus several times over the past few years: from older shoppers to younger, trendier ones, back toward middle-aged women.JCPenney has recently changed its merchandising strategy, chasing proven sales trends instead of filling up stores with inventory. It started selling appliances a few years ago, but that strategy hasn't paid off either. 2244

(CNN) -- Don't worry too much about the two national turkeys chosen for presidential pardons this year.Not only is their salvation secured, but so's their retirement home.For the fourth straight year, the special pair will flock from the White House to enjoy their golden years at -- wait for it -- Gobblers Rest at Virginia Polytechnic Institute and State University in Blacksburg."Virginia Tech has a long tradition of supporting the turkey industry through research and outreach, so it's fitting that the Presidential Turkeys becoming part of the Hokie Nation is a new tradition," said Rami Dalloul, a professor in the College of Agriculture and Life Sciences, in a statement. Dalloul is a poultry immunologist who sequenced the turkey genome.The National Thanksgiving Turkey and its alternate will join Peas and Carrots, last year's pardoned birds. Earlier lucky cluckers Wishbone and Drumstick, plus Tater and Tot, died at Gobblers Rest of natural causes.The school says the two birds are chosen based on appearance and temperament, then sent to a hotel near the White House for media events. One will be plucked for the Rose Garden ceremony sometime next week, while the other will serve as its wingman.The tradition goes back to 1947, when President Harry Truman "pardoned" the first holiday bird. 1312

CHULA VISTA, Calif. (KGTV) – Fire crews Wednesday night responded to a brush fire in Chula Vista amid dry conditions. According to California Highway Patrol, the fire started off of Interstate 805 North near E Street around 8:42 p.m. CHP says the fire may have started in a homeless encampment. By 9 p.m., Chula Vista Police told CHP no flames were visible in the area. 380

 SAN DIEGO (CNS) - The union representing more than 25,000 University of California service workers and medical technicians announced plans today for a three-day strike, citing what it calls stalled contract negotiations.Officials with AFSCME Local 3299 said last week that more than 97 percent of its members had voted to authorize a strike if no progress was made in negotiations. UC officials, however, said the union had rejected an offer of "fair, multi-year wage increases and excellent medical and retirement benefits."In light of the impasse, the university system imposed contract terms on the union for the 2017-18 fiscal year, including 2 percent pay increases.The UC's latest contract offer to the union had included annual 3 percent raises over the next four years, according to the university.The union on Thursday issued a 10-day notice of their intent to conduct a three-day strike, beginning May 7."We've bargained in good faith for over a year to address the widening income, racial and gender disparities that front-line, low-wageworkers at UC are living every day," AFSCME Local 3299 President Kathryn Lybarger said. "Instead of joining us in the effort to arrest these trends, UC has insisted on deepening them -- leaving workers no option but to strike."UC officials issued a statement saying they "strongly disagree with AFSCME's decision to strike, which will negatively impact patients, students and the UC community.""AFSCME service employees at UC -- including custodians, gardeners, food service workers and facilities maintenance staff -- are compensated at or above the market and in some cases, but as much as 17 percent higher than comparable jobs, according to the university. What the union demanded was a 6 percent annual wage increase, which we think unfair to other UC employees, bothrepresented and non-represented. This is twice what other UC employees have received."University officials said their final officer included, in addition to the pay raises, a lump-sum payment upon contract ratification, healthbenefits consistent with those of other workers and continuation of pension benefits for existing employees. New employees would be given a choice between a pension or 401(K)-style retirement plan.Lybarger, however, accused the university of "subverting" the bargaining process by imposing contract terms on workers."Administrators are already showing us that we can expect more unequal treatment if we don't stand up, fight back and hold UC accountable to its hollow claims of `pioneering a better future,"' Lybarger said.According to the union, the strike will involve 9,000 service workers, joined by more than 15,000 Patient Care Technical workers.The union represents workers such as security guards, groundskeepers, custodians, respiratory therapists, nursing aides and surgical technicians. The workers span UC's 10 campuses, five medical centers, numerous clinics and research laboratories, according to the union. 2982