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SAN DIEGO (CNS) - The California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - The San Diego City Council voted Monday to place two ballot measures on the March 2020 ballot, including a hotel tax hike that would fund a convention center expansion, homeless services and infrastructure improvements.The tax increase proposed by San Diego Mayor Kevin Faulconer would raise the city's transient occupancy tax from 10.5% to as high as 15.75% in certain areas of the city, which supporters argue would reap an estimated billion over 42 years.The funding would allow the city to purchase a parcel of land adjacent to the convention center that is currently owned by Fifth Avenue Landing. Once it purchases the land, the city would expand the convention center by roughly 400,000 square feet, from roughly 800,000 square feet to about 1.2 million square feet.RELATED: Hotel tax increase proposed for San DiegoThe land cost is expected to be roughly million, part of an estimated allocation of .5 billion for the purchase and convention center upkeep and marketing. Roughly .8 billion of the initiative's remaining revenue would fund the city's homeless services and shelters, while 1 million would be allocated for repairs to the city's network of roads."This is a measure that is being supported by the lodging industry and is willing to tax its own customers to ... help support homelessness in our community and to help with our infrastructure," San Diego Tourism Authority COO Kerri Kapich said.Voter rights groups and several council members urged that the measure be placed on the November ballot in lieu of the March primary ballot, when turnout is expected to be lower. The council ended up voting 5-4 in favor of placing the measure on the March ballot to ensure it goes in front of voters as soon as possible.RELATED: San Diego city council approves .9 billion homelessness planThe council also unanimously voted to place a measure authored by City Councilman Scott Sherman on the March ballot that would shift the responsibility for the city auditor appointment process from the mayor's office to the council's Audit Committee. Currently, the mayor appoints a city auditor candidate to serve a 10-year term."The city auditor is vital to holding city administration accountable and ensuring taxpayer dollars are spent properly," Sherman said in a statement. "The administration shouldn't be in charge of choosing who is overseeing the administration. This ballot measure will help ensure this important position is truly independent."Under the proposed measure, the Audit Committee would recruit and choose three candidates for the city auditor position. The council would then choose one of the three candidates to serve as the city auditor for a pair of five-year terms.Since the position was established in 2009, the city has only had one official city auditor, Eduardo Luna, who served nearly all of his term before leaving for a similar position with the city of Beverley Hills in October 2018.Sherman, the Audit Committee chair, proposed the measure after Faulconer appointed DeeDee Alari, a deputy director in the city treasurer's office, to the position in July. Alari has yet to be confirmed. 3167

SAN DIEGO (CNS) - San Diego County reported 236 new cases of COVID-19 and five additional deaths Sunday, raising the county's totals to 48,436 cases and 803 fatalities.Four of the 236 new cases are connected to San Diego State University and two previously reported confirmed cases are now associated with SDSU, bringing the total number of cases there to 1,127, according to public health officials.Five men died between Sept. 6 and Sept. 21 and their ages ranged from mid-40s to mid-80s, officials said Sunday. All five had underlying medical conditions.Of the 8,797 tests reported as of Saturday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 3.1%. The state-set target is less than 8%. The seven-day daily average of tests was 9,226.Of the total number of cases in the county, 3,575 -- or 7.4% -- have required hospitalization and 831 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.No new community outbreaks were confirmed Sunday. In the seven days from Sept. 27 through Oct. 3, 24 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.San Diego State University announced Wednesday that it was extending a pause on in-person courses through Oct. 12. Effective that day, a limited number of courses will resume in-person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.Approximately 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.Paul Gothold, San Diego County's superintendent of schools, said Wednesday that schedules for the county's many districts and charter schools have not been drafted yet, but they're coming.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, County Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites.On Tuesday, the county again avoided being pushed into the "purple" tier, the most restrictive in the state's four-tier reopening plan. The county will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents. The county's testing positivity percentage is 3.5%.The California Department of Public Health will issue its next report on county case rates on Tuesday. 3551

SAN DIEGO (CNS) - San Diego-based Agena Bioscience announced today that its diagnostic system for detection of SARS-CoV-2, the virus that causes COVID-19, received Emergency Use Authorization from the U.S. Food and Drug Administration.The company was granted approval Monday on an emergency basis for its MassARRAY SARS-CoV-2 panel for use in clinical laboratories.The FDA's Emergency Use Authorization allows for the use of unapproved medical products during an emergency to diagnose, treat or prevent serious or life-threatening diseases or conditions. Emergency Use Authorization has been granted to a large number of companies since the COVID-19 pandemic began for rapid approval of diagnostic tests, personal protective equipment, ventilators and other devices.``Agena is proud to offer a truly scalable platform to support the increasing demand for high-throughput SARS-CoV-2 testing,'' said Agenda CEO Peter Dansky. ``To address the crisis presented by COVID-19, labs need to cost- effectively process large numbers of samples. The MassARRAY System is the perfect tool for that.''The company says its panel targets five regions of the viral genome, and that with its authorization, the company hopes to help laboratories increase testing without the concerns of instrument or reagent availability.``The unique characteristics of the Agena detection technology provide significant supply chain advantages,'' said Jason Halsey, Agena's senior vice president of technology and operations. ``Agena proactively sourced and secured materials to provide uninterrupted product availability to our customers. Agena's MassARRAY SARS-CoV-2 panel kits and instruments are ready for immediate deployment, and we are equipped to supply mill 1741

SAN DIEGO (CNS) - The San Diego Animal Welfare Coalition today will join a nationwide effort to ``Clear the Shelters'' today for the duration of August.The campaign to get as many pets adopted as possible is a little different this year. The Clear the Shelters event, instead of being a single- day effort, will be a month-long adoption drive to allow for virtual adoption consultations by appointment. In addition to promoting adoptions, the campaign encourages donations to participating shelters.``San Diego Humane Society is excited to be working to ``Clear the Shelters,'''' says Gary Weitzman, president and CEO of San Diego Humane Society. ``This important nationwide campaign will give tens of thousands of animals throughout San Diego County a second chance.''Since 2015, the Clear the Shelters campaign has helped more than 410,000 pets find new homes nationwide.``The County of San Diego's Department of Animal Services shelters in Bonita and Carlsbad have many wonderful animals waiting to be adopted into loving homes,'' said Kelly Campbell, director of animal services for the county. ``While the pandemic has certainly created challenges for us all, now may be the perfect time to add a new pet to the family, especially if you find yourself spending more time at home.''The San Diego Humane Society said benefits of adopting a pet include being more affordable, knowing the animal has been assessed for behavior and medical conditions and allowing prospective owners to receive pet-specific resources. The society offers training advice, pet supplies and educational information to support pet families for the lifespan of a pet. ``During the pandemic, we have learned how to embrace change, and that change could include an adoptable pet,'' said Judi Sanzo, president of Rancho Coastal Humane Society. ``Shelters around the country want to remind you that your new best friend could be waiting, tail wagging and ready to join you while you work from home. While Rancho Coastal continues to match pets with their new families, it's important to remember that the virus may be temporary, but pets are a lifetime commitment.'' 2148