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SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309
SAN DIEGO — With in-restaurant dining now outlawed amid the Coronavirus outbreak, a South Park neighborhood bistro has transformed itself into a local grocer where shoppers can get produce, milk, eggs, and - yes - toilet paper.Ownership at Eclipse Chocolate made the move this week to help the business get through a time when they can't carry out the core of their business - in house dining. "We were already selling our own chocolate, we're also selling local food brands, we do that all the time, so really it was just a matter of rearranging our own furniture," said Daniel Youngren, a co-owner of the eatery. Restaurants across San Diego County have been hit hard due to the restrictions, with many either shutting down or offering discounts for takeout. More than 126,000 San Diegans work in the industry, which has seen employees either lose their jobs or have their hours cut.Youngren says Eclipse Chocolate is no exception, with a number of its 20 employees seeing fewer hours and applying for unemployment assistance. Still, he says this allows the restaurant to make up at least a portion of the revenue lost and keep some workers busy, while also fulfilling its mission of getting food to people who are hungry.On Thursday, Eclipse Chocolate had used the tables from its dining room to offer apples, tomatoes, onions, cauliflower, to name a few. It also was getting a delivery of milk, eggs, butter, and toilet paper. "We do it all," Youngren said. "Our rent is very expensive, we designed this business, this child of ours to work in a pretty specific way. It is meant to be really adaptable." 1615
SAN DIEGO — A San Diego-based stem cell research institute believes its discovery may have saved the life of a COVID patient on death's doorstep.GIOSTAR infused a 53-year-old man in a coma with Mesenchymal stem-cells taken from an umbilical cord. Prior to that, all other treatments were failing. "He was having a stroke, he was under dialysis, liver function was declining," said Dr. Anand Srivastava, co-founder of GIOSTAR. "Nothing was working."The patient, whose identity is not being released due to privacy laws, had been in a coma in a New Jersey hospital. GIOSTAR got special clearance from the Food and Drug Administration to try the stem-cell treatment. Srivastava said the patient began to recover, gradually over three weeks. "Slowly, his renal and liver function came closer to normal," he said. "He came out from the intubation, and now he is talking."The family, in an interview with GIOSTAR, said they had lost all hope. Srivastava said this treatment could be key as society awaits a vaccine. GIOSTAR is planning to do a double-blind study to confirm its conclusions about its treatment. It says that study should take about three months. 1164
SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761
SAN DIEGO (CNS) - A 43-year-old man was hospitalized Wednesday morning with serious injuries after the car he was riding in crashed into four parked cars on a Mountain View street, police said.It happened shortly before 10:30 p.m. Tuesday on South 40th Street just south of Imperial Avenue, San Diego Police Officer Robert Heims said.A 38-year-old man was driving a 2005 Honda Civic southbound on South 40th Street when the car drifted to the right for unknown reasons and struck four parked cars, Heims said.The 43-year-old man, who was sitting in the front passenger seat of the Honda, was taken to a hospital for treatment of a fractured neck, which was not believed to be life-threatening, the officer said.The Honda driver was uninjured and 31-year-old man in the back seat of the sedan had a complaint of pain to his leg, Heims said. 847