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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 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."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

SAN DIEGO — A couple who evacuated from the Woolsey Fire in Los Angeles says their Airbnb hosts kicked them out of their unit and cleaned out all their belongings, forcing them to live with relatives in San Diego.Ben and Jessica Wells said they rented out the Airbnb unit in July, paying in advance through May.The newlywed couple had been living there as they searched for a home to buy.It was a studio apartment located in West Hills, a community on the western edge of the San Fernando Valley, which backed up to where the Woolsey Fire was burning.“I could see the fire burning on the hill. I saw the smoke,” said Ben, who got an evacuation alert on his phone while at the gym.He went home to meet his wife, frantically packing up some important belongings.“We were not trying to check out of the place at all. Obviously things were a mess, clothes were everywhere. We were just trying to basically make sure we had everything we needed just in case everything burnt,” said Jessica.After they left, the Airbnb hosts contacted them to see if they could go inside the unit and turn off the lights. Ben said he agreed to let them in for that purpose.But once inside, owners Larry and Jeri Hannah said they were shocked by what they saw.“I don’t even know how they were living there,” said Larry. “We couldn’t believe the mess we saw.”In addition to the clothes scattered about, the Hannahs say the grout on the tile floor in the bathroom had been stained black. They said the walls needed painting and some of the flooring needed to be replaced.“When It became obvious that we weren’t going to let them come back then we just decided we were going to clean it up because we didn’t want to leave it like that,” said Larry.In order to do that, they removed all of the Wells’ belongings and told them the rest of their reservation had been canceled.The Wells said they agreed to pay through the end of November if they could keep their stuff there. But when Ben arrived on November 17, he said he was surprised to see their belongings strewn across the property.Expensive recording equipment had been left outside, he said. Other belongings had been thrown in trash bags. Some appeared to be missing.“At that point I was in shock, just completely shaken,” said Ben.He grabbed what he could find, not knowing that more of their belongings had been stored in a shed on the property.“Their stuff is all still here,” said Larry.In a statement, a spokesperson with Airbnb wrote, “We are urgently investigating this incident to better understand what happened. There have been more than 400 million guest arrivals in Airbnb listings to date and negative incidents are extremely rare.”  2704

SAN DIEGO (AP) — A Marine who worked jointly in Iraq with a decorated Navy SEAL accused of murder testified Thursday that the SEAL did not stab a teenage Islamic State prisoner in his care.Marine Staff Sergeant Georgio Kirylo said that he did not see stab wounds on the neck of the dead captive when he moved the body to position it for a so-called "trophy" photo.Kirylo took the stand in the San Diego court-martial of SEAL Chief Edward Gallagher, who is accused of fatally stabbing the adolescent militant in 2017. Gallagher, 40, has pleaded not guilty to murder and attempted murder.His statements followed testimony of an Iraqi general who said he was with the prisoner until he died, and that he did not see Gallagher stab him.Two SEALs previously testified that they saw Gallagher plunge a knife into the prisoner's neck. Kirylo said he was close with the SEALs who said they witnessed the stabbing, but he has since ended those friendships because the men are liars.Kirylo described Gallagher as an "old school" SEAL whose younger team members sometimes complained about his tactics.Kirylo said when he moved the captive a bandage came off the teen's neck and there were no stab wounds. He said some of the men in the platoon took turns taking photos with the body because they were excited that they had coordinated an air strike with Iraqi troops that had killed Islamic State fighters including the captive's commander."This was our unofficial war trophy," he said.Iraqi General Abbas al-Jubouri, whose forces were partnered with U.S. troops, testified that he handed over the wounded militant to SEALs to keep him alive for interrogation.The general was questioned June 3 and video of the testimony was shown to the jury on Thursday.The general said during defense questioning that he did not see Gallagher harm the captive in any way — and if he had, he would have spoken up."If he did any mistake with this kid, or if anyone had from the Navy SEALs, I would have stopped them," al-Jubouri said.Navy medics did their best to save the captive, he said.When he was shown photos of the dead militant with bandages around his neck and tubes in his chest, al-Jubouri said he'd never seen the images before.The general said the militant told him he was 17 years old.The trial resumed a day after officials said a SEAL who testified that it was he — not Gallagher — who killed the wounded prisoner may face perjury charges. The Navy said it is reviewing Corey Scott's statements following his stunning testimony last week.Witnesses had said they saw Gallagher stab a wounded Islamic State captive in the neck and shoot at two civilians during his 2017 tour in Iraq.Scott testified that he actually killed the captive by plugging his breathing tube. Scott said he thought the boy would survive Gallagher's stabbing and wanted to spare him being tortured by Iraqi forces.Prosecutors said Scott had never mentioned the asphyxiation in multiple conversations with them before the trial. Scott said they never asked him the cause of death.The defense has repeatedly argued that Gallagher was being framed by tainted or even false evidence.On Tuesday, the Navy's legal adviser to the commander overseeing the court-martial notified Scott's lawyer, Brian Ferguson, that Scott's testimony could be used against him if he lied.Capt. Donald King's email said Scott's testimony directly contradicted "previous official statements — thus exposing him to prosecution."Cmdr. Tam Lawrence, Naval Special Warfare spokesman, said Scott was granted immunity in exchange for the promise of truthful testimony.Scott's statements were being reviewed but "no decisions have been made," she said.Ferguson declined to comment.Gallagher's superior, Master Chief Petty Officer Brian Alazzawi, testified Tuesday that Gallagher and his platoon were considered "rock stars" after returning from the 2017 deployment to Iraq in which they aided Iraqi forces in ousting ISIS from Mosul.But he noticed some platoon members seemed dejected despite the praise.Alazzawi said Special Operator First Class Craig Miller told him in October 2017 that Gallagher had stabbed a prisoner on May 3 while deployed.Miller told Alazzawi that he was coming forward because Gallagher was being promoted and nominated for a Silver Star.Alazzawi said he trusted Miller and found the report credible. He told the troop commander but the alleged war crime wasn't reported outside SEAL Team 7 until January 2018 — when Alazzawi got word that several SEALs had planned to go as high as the Navy commodore because nothing was being done.Alazzawi did not explain why he and the troop commander had taken no action.___Weber reported from Los Angeles. 4704

SAN DIEGO — Among the safety measures schools are now employing is a device invented by a retired San Diego teacher that was never designed for the use.Rick Morris taught elementary school for three decades before leaving to focus on books to help educators with inventions.In 2005, Morris designed the Lock Blok, an updated version of a device he invented in the 80s. Applied with an adhesive, a rubber tab is affixed to the door and can be pushed out, again acting like a stopper. It was designed to cut down on noisy door slams in class.Morris said after the Columbine shooting, schools started using the Lock Blok for safety.  Most class doors have to be locked from the outside. With Morris' invention, teachers could just keep the door locked all day, even with the Lock Blok engaged. In an active shooter situation, the tab is pulled back, while the door shuts and is automatically locked.Security experts tell us during a true emergency, fine motor reflexes becomes tested. If a teacher has to go outside and try to lock the door with a key, it could take precious seconds.  Over the years, some 8000 Lock Blok units have been installed by local schools.  "My reaction is if this is helping to make a campus more secure, good for you, but don't put all your hope in one device. Security is bigger than that," said Morris.Morris doesn't market Lock Blok as a safety measure because it wasn't designed for protection, but after a November shooting rampage at a Northern California school, he can't forget the call he got from that district's superintendent."My wife and I teared up on that one ... If it saved one life, then it saves some parents from grieving," said Morris. 1729

SALT LAKE CITY — A football game scheduled for next weekend between Brigham Young University and the Army has been postponed due to a COVID-19 outbreak.The matchup was scheduled for Sept. 19 in West Point.BYU announced Saturday that a "mutual decision" was made to cancel the game after "a small number of positive COVID-19 test results and the resulting tracing exposures within the BYU football program."The conclusion was made after consulting with health officials and medical advisors."While we share the disappointment of everyone involved in the game between BYU and Army, safety as well as the physical and mental well-being of our student-athletes, coaches, staff and the opposing team is our top priority," BYU Athletic Director Tom Holmoe said.The teams are working to reschedule the game.BYU is the only Utah college that has not postponed its football season this year.The Cougars beat the Navy Midshipmen 55-3 in their opening game Monday and will face the Troy Trojans on Sept. 26 at LaVell Edwards Stadium in Provo.Army defeated Louisiana-Mornore 37-7 on Saturday to improve to 2-0.This story was originally published by Spencer Burt on KSTU in Salt Lake City. 1184