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VISTA (CNS) — A man who beat his mother to death with a claw hammer in their Escondido apartment last year was sentenced Wednesday to 26 years to life in state prison.David Noel McGee Jr., 26, was convicted in May of first-degree murder for killing 55-year-old Rebecca "Becky" Apodaca.Deputy District Attorney Keith Watanabe said Apodaca failed to log in for her at-home medical billing job on Feb. 1, 2017, and failed to respond to messages left by her supervisor, family and friends. Apodaca's adult daughter went by the victim's apartment on North Hickory Street about 6:30 p.m. and found her mother unconscious on her blood-soaked bed.RELATED: Son accused of killing mom with claw hammerThe defendant -- naked and covered in blood -- was found hiding in a closet. He had self-inflicted knife wounds on his wrists and forearms and a self-inflicted knife wound across his neck, Watanabe said. A bloody toaster was plugged in and was sitting on the bathroom sink and an empty bottle of Benadryl was found in the bathroom.Levels of an over-the-counter antihistamine found in Benadryl were so high in the defendant's blood that he could have ingested 100 or more 25mg pills, the prosecutor said.Deputy Public Defender Lindsay Itzhaki said McGee's attack on his mother happened "in a fog of Benadryl," and that there was a difference between "killing and murder."RELATED: Man arrested, accused of killing mother in Escondido apartmentAfter his release from the hospital, McGee told police that he was depressed and blamed his mother for bringing him into the world. He claimed he heard a voice telling him to harm her, Watanabe said. 1649

Voters in Mississippi voted to approve a new state flag design.Lawmakers took action this summer to retire the former Mississippi state flag, which contained the Confederate battle emblem.The rebel symbol is widely seen as racist.In the last two months, the process to design and vote on a new flag has moved fast.There was a call to artists to help design a new flag. By law, the new flag must include the phrase, “In God We Trust,” and could not include any depictions of the Confederate battle flag.The designs were narrowed to five based on a public online vote and feedback. Then a commission narrowed it down to a final option.That option, including a magnolia, the state flower, and red, blue and yellow bands, was on the ballot for voters to approve. 766

WASHINGTON (AP) — Democrats ignored a veto threat and rammed legislation through the House Tuesday that would stymie President Donald Trump's bid for billions of extra dollars for his border wall, escalating a clash over whether he was abusing his powers to advance his paramount campaign pledge.The House's 245-182 vote to block Trump's national emergency declaration throws the political hot potato to the Republican-run Senate, where there were already enough GOP defections to edge it to the cusp of passage. Vice President Mike Pence used a lunch with Republican senators at the Capitol to try keeping them aboard, citing a dangerous crisis at the border, but there were no signs he'd succeeded."I personally couldn't handicap the outcome at this point," said Senate Majority Leader Mitch McConnell, R-Ky., who's planning a vote within the next three weeks.Senate passage would force Trump's first veto, which Congress would surely lack the votes to override. But the showdown was forcing Republicans to cast uncomfortable votes pitting their support for a president wildly popular with GOP voters against fears that his expansive use of emergency powers would invite future Democratic presidents to do likewise for their own pet policies.Underscoring their desire to avoid a tally suggesting that Trump's hold on lawmakers was weakening, House Republican leaders worked to keep the number of GOP supporters below 53. That's how many would be needed to reach a two-thirds majority of 288 votes, assuming all Democrats vote "yes," the margin required for a veto override.Thirteen House Republicans joined all voting Democrats Tuesday to support the Democratic resolution.The White House wrote to lawmakers formally threatening to veto the legislation. The letter said blocking the emergency declaration would "undermine the administration's ability to respond effectively to the ongoing crisis at the Southern Border."Republicans said Democrats were driven by politics and a desire to oppose Trump at every turn, and said Trump had clear authority to declare an emergency to protect the country. They also defended the president's claims of a security crisis along the boundary with Mexico, which he has said is ravaged by drug smugglers, human traffickers and immigrants trying to sneak into the U.S. illegally."We are at war on the Southern border with the drug cartels," said Rep. Pete Olson, R-Texas.Trump has asserted that barriers would stop drugs from Mexico from entering the U.S. In fact, government figures show that 90 percent of drugs intercepted from Mexico are caught at ports of entry, not remote areas where barriers would be constructed.Democrats said Republicans repeatedly accused former President Barack Obama of flouting the Constitution, which gives Congress control over spending, but are ignoring Trump's effort to do the same."Is your oath of office to Donald Trump, or is your oath of office to the Constitution?" House Speaker Nancy Pelosi, D-Calif., asked Republicans.They said Trump's push for the wall reflected a continuation of the anti-immigrant views that helped fuel his election."Since when do we call human beings in need a national emergency?" said Mexican-born Rep. Jesus "Chuy" Garcia, D-Ill. "Is he running out of insults for people like me?"Democrats also said the crisis is a fiction manufactured by Trump to dance around Congress' vote this month to provide less than .4 billion for barrier construction. That was well below the .7 billion Trump demanded as he futilely forced a record-setting 35-day federal shutdown."The president does not get to override Congress in a raucous temper tantrum over his inability to broker a deal" with lawmakers for more money, said Rep. Hank Johnson, D-Ga. Rep. Joaquin Castro, D-Texas, sponsor of the one-sentence measure blocking the declaration, called Trump's move "constitutional vandalism."Trump used a 1976 law to declare a national emergency and ordered the shift of .6 billion from military construction projects to wall building. Citing other powers, he intends to shift another .1 billion from Defense Department anti-drug efforts and a fund that collects seized assets.The money would be used to build steel barriers up to 30 feet tall and other barriers and for "law enforcement efforts," said a White House statement.In the Senate, three Republicans have said they will back Democrats' drive to block the emergency declaration: Maine's Susan Collins, Alaska's Lisa Murkowski and North Carolina's Thom Tillis. One more GOP defection would provide enough votes to approve the Democratic measure, assuming all Democrats and their independent allies back it.Republicans said senators asked Pence numerous questions about which projects Trump would divert to pay for the wall, with Sen. Richard Shelby, R-Ala., saying the discussion was "hearty." Shelby, who chairs the Senate Appropriations Committee, which controls spending, said his panel would quickly "backfill" money for military construction with other funds he did not identify."That issue won't stay alive long," Shelby told reporters.Sen. John Thune of South Dakota, the chief GOP vote counter, said there may be GOP attempts to amend the House measure, saying Republicans "think they have amendments that would improve it."That suggests that McConnell may try finding a way to add language that could sink the Democratic resolution or, perhaps, make it more palatable for Republicans. The law requires the Senate to vote on a measure within 18 days of receiving it from the House.Though presidents have declared 58 emergencies under the law, this is the first aimed at acquiring money for an item Congress has explicitly refused to finance, according to Elizabeth Goitein, co-director for national security at New York University Law School's Brennan Center for Justice. This is also the first time Congress has cast votes on whether to annul an emergency declaration, she said.Even with Democrats' effort near-certain to ultimately fail, several lawsuits have been filed aimed at blocking the money, including by Democratic state attorneys general, progressive and environmental groups. Those suits at the very least are likely to delay access to those funds for months or years.___AP Congressional Correspondent Lisa Mascaro and reporter Colleen Long contributed. 6336

WASHINGTON (AP) — Joe Biden’s scientific advisers will meet with vaccine makers in coming days as the presidential transition remains stalled because of President Donald Trump’s refusal to acknowledge that he lost the election. The government’s top infectious disease expert says that delayed handoff to the next administration is especially problematic during a public health crisis. Dr. Anthony Fauci tells CNN, “Of course it would be better if we could start working with them." Biden’s outreach to the vaccine manufacturers comes as the coronavirus pandemic in the United States has entered perhaps its most dangerous phase. The seven-day rolling average for new daily cases stood at 145,400 on Saturday, according to data from Johns Hopkins University. 765

VISTA (CNS) - An Oceanside physician who sexually assaulted five female patients referred by the U.S. Department of Veterans Affairs was sentenced Thursday to three years probation and was ordered to register as a sex offender and surrender his medical license.Dr. Edgar Manzanera, 39, could face three years in state prison if he violates the terms of his probation.Manzanera, who was contracted by the VA to review pension disability claims, pleaded guilty last September to one count of sexual exploitation by a physician for acts committed in 2015 and 2016, and admitted a special allegation of committing acts against multiple victims.RELATED: Former doctor pleads guilty to sexual misconductFour counts of sexual penetration with a foreign object were dismissed as part of the plea."The victims placed the defendant in a position of inherent trust and confidence and the defendant betrayed that trust," Deputy District Attorney Claudia Plascencia said when Manzanera pleaded guilty. "The victims allowed the defendant access to the most intimate parts of their body and he, in turn, under the guise of medical evaluations, performed unnecessary gynecological evaluations and inappropriate touching against these victims."The plea deal allows Manzanera to travel to Guatemala, where he also holds citizenship, but prosecutors said he will have to obtain approval from the probation department each time he leaves the country.RELATED: VA sued over Oceanside doctor accused of sexually assaulting multiple patientsManzanera's June 2018 arrest came two days before one of his former patients filed lawsuits in state and federal court against him, the VA and his former employer, QTC Medical Services."After the sexual assault, I cannot stand to be touched. My relationship crumbled, other than a small group of friends, I avoid people because I don't trust them," Joe Doe #4 told the court. "I've lost the basic belief in the goodness of people."The lawsuits filed in Vista and Arizona assert that Manzanera committed sexual battery against the plaintiff and falsely imprisoned her inside a clinic in Oceanside in 2016 while he was alone with her in an examination room.Although there was no medical reason for her to get naked, the veteran said Manzanera had her take off her clothes and lift a medical gown over her head until she couldn't see what he was doing, according to the lawsuit.RELATED: More than 150 San Diego doctors disciplined for sex abuse, negligence 2478