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SAN DIEGO (CNS) - A convicted sex offender's potential release from a state hospital and subsequent placement in Jacumba Hot Springs drew a substantial crowd to a downtown San Diego courtroom Friday, which included the inmate's victims and others opposing his placement in eastern San Diego County.Alan Earl James, 56, was convicted in 1981 and 1986 of numerous sex- related felonies involving several minor victims -- which included James' younger relatives-- and sentenced to 28 years in state prison.James, who is classified as a "sexually violent predator," was committed to Coalinga State Hospital, where he was undergoing treatment "for an indeterminate term," until he petitioned for a monitored conditional release last summer, prosecutors said.The California Department of State Hospitals have proposed to place James at 45612 Old Highway 80 in Jacumba Hot Springs, a property under the jurisdiction of the San Diego County Sheriff's Department staffed by sheriff's deputies that previously housed sexually violent predators.San Diego County Superior Court Judge Albert Harutunian -- who recommended James' integration into the conditional release program last fall based upon the evaluation of psychiatric experts -- said he understood the public's opposition to James' release, but said citizens would be better suited directing their concerns towards the legislature, which determines sentencing guidelines and penalties for offenders.Nonetheless, several speakers that included James' relatives victimized as children, spoke of their fears that James would re-offend, even if released to a supervised facility.Robert N., who now lives on the East Coast, said he flew 3,000 miles to make his voice heard regarding James' release. He said James held a butterknife to his neck and threatened to kill him if he told anyone about the abuse, which happened to him and his siblings more than 30 years ago."My biggest fear is that this time, he'll end up killing a kid," he said. "I understand that he's going to be monitored and all that, but eventually, there's going to come to a point where someone's going to turn their head or something and not be paying attention and that's where he's going to end up striking."Robert N.'s sister, who went by L.N. while speaking to the court, said James assaulted her when she was four years old, and urged Harutunian to have James placed in a facility apart from communities where children and families live."I feel he will re-offend given the opportunity," she said.Following his conviction and release for abuse committed against her and her siblings, L.N. said James assaulted another girl and was convicted again."I understand he has to be released. However, he just does not need to be in the community of San Diego. I no longer live in San Diego. However, I still have family here, family that are children, as well as adults, and will all be impacted by this. I just fear that he will hurt another child and I don't want that to ever happen again."County Supervisor Dianne Jacob, whose district includes Jacumba Hot Springs, said the rural communities of eastern San Diego County have experienced "an over-concentration" of sexually violent predator placements and have become "easy pickins" for the placement of sex offenders.According to Jacob, nine sexually violent predators have been placed in Jacumba Hot Springs, Campo and Boulevard."There are not the resources, there are not the services out there (in the East County) in order to support the ongoing treatment of sexually violent predators, yet the state has chosen to place nine of these in these communities anyway, and I believe it's wrong and enough is enough," Jacob said.Harutunian said he wanted to take time to consider the options for placement and would render a written decision on the matter at a later time.Mary Taylor, a victim of sexually violent predator Alvin Ray Quarles, also known as the "Bolder-Than-Most" rapist, said she felt the decision to release James without notifying his victims should be considered a violation of the California Victims' Bill of Rights, otherwise known as Marsy's Law.State law only requires victims be notified when hearings regarding placement are held, not for proceedings considering a potential conditional release.Quarles recently was recommended for placement into a conditional release program at a facility in Jacumba Hot Springs, but the decision to release him will be reconsidered during an evidentiary hearing tentatively slated to begin in May. 4529

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO (AP) — A California tribe whose ancestral lands span across the U.S.-Mexico border is suing the Trump administration to block construction of a section of border wall that the Kumeyaay people say is desecrating sacred burial sites. The La Posta Band of Diegueno Mission Indians filed the lawsuit in federal court in San Diego on Tuesday seeking to temporarily halt construction of the wall until the tribe can protect its religious and cultural heritage. La Posta is one of 12 bands of the Kumeyaay people. The tribe wants its members to be able to monitor work and interrupt it to recover human remains and cultural items uncovered during construction. Federal officials did not immediately respond to a request for comment. 743

SAN DIEGO (AP) — The San Diego Zoo has two new arrivals: a pair of endangered African penguin chicks.The zoo announced Wednesday that the fluffy chicks, named Doug and Barbara, hatched two months ago.The eggs came from two breeding couples. The zoo says it's the first time eggs laid by its adult penguins have hatched there.Staff has been working with the chicks to get them used to humans before they are introduced into the penguin colony in the next few weeks.African penguins are an endangered species. Their numbers have dropped by more than 60% in the past three decades and only 23,000 breeding pairs are known to exist.The decline is blamed on several factors, including disease, habitat destruction and lack of food from overfishing, climate change and pollution. 781

SAN DEIGO (KGTV) — At least two sailors who helped fight the fire aboard the USS Bonhomme Richard at Naval Base San Diego have tested positive for COVID-19.The two sailors tested positive after exhibiting symptoms, according to U.S. Navy spokeswoman Lt. Cmdr. Nicole Schwegman. It wasn't immediately clear how the two sailors may have contracted the virus.The exact condition of the two sailors was not provided.Contact tracing identified 27 people regarded as "close contacts" and they are now in quarantine.RELATED: Navy Admiral meets, thanks sailors who put out USS Bonhomme Richard fireThursday, Navy officials said all known fires had been extinguished aboard the vessel. The cause of the fire is still unknown at this time, and likely won't be discovered until the ship can be inspected fully.Hundreds of crew members helped in the firefighting effort for five days. On Friday, Navy Admiral Mike Gilday came to San Diego to see the damage and meet with the sailors and crews who had battled the blaze."The Navy continues to implement COVID-19 mitigations measures to protect the health of our force," Schwegman's statement added.RELATED COVERAGE:Smoke seen coming from USS Bonhomme Richard hours after fires declared outNavy officials say all known fires aboard USS Bonhomme Richard are out 1304

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