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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) - San Diego State University officially broke ground Monday on its Mission Valley campus, four days after closing escrow on the 132-acre property which currently houses the San Diego Community Credit Union Stadium."Today marks a milestone moment for San Diego State University and the city of San Diego," said SDSU President Adela de la Torre. "With today's groundbreaking we begin the work to expand SDSU's educational, research, and entrepreneurial missions. SDSU Mission Valley also addresses the realities of the past few months and the need for new streams of revenue to support higher education opportunities for all."As a result of the COVID-19 pandemic, the groundbreaking event was not open to the general public. Instead, in-person speakers and invited guests were limited to maintain compliance with public health guidelines.The project has been in the works legally since San Diego voters approved Measure G in November 2018, with centerpiece Aztec Stadium scheduled for completion in Fall 2022."We are building a stadium for Aztec football, international and professional soccer, concerts and any other event you can think of," said SDSU Athletic Director John David Wicker. "A world-class 35,000-capacity stadium designed to offer the amenities fans expect today. This is the most important sports and entertainment venue in San Diego since Petco Park opened and will be 365 days a year use for campus and our community."The San Diego City Council voted unanimously to approve a sale agreement for the city-owned Mission Valley stadium property to SDSU for .2 million in late May, bringing more than a year of negotiations nearly to a close.Council President Pro Tempore Barbara Bry was an early supporter, and released a statement expressing her feelings about the project."I believe that investing in the education of future generations is the most impactful thing we can do. But coming up with plans for an alternative public use for this land in a short period of time seemed like it would take a miracle. Then a miracle actually happened," she wrote."Dedicated citizens wrote and qualified an initiative. The university moved at hyper-speed to formalize plans for a great campus and a magnificent river park. San Diegans contributed millions of dollars to support the campaign for Measure G. And after Measure G was approved by voters, supporters kept the pressure on elected officials to do the right thing and consummate the sale," Bry said.The university's plan for the SDSU Mission Valley campus includes an "innovation district" to support SDSU's education, research, entrepreneurial, technology and athletics programs, as well as 86 acres of parks, recreation and open space, about 4,600 market-rate and affordable residences, 400 hotel rooms, 95,000 square feet of retail space and enhanced use of the MTS Green Line Stadium trolley station and accommodation of the planned Purple Line.SDSU Mission Valley is set to expand the university's economic impact by an estimated billion per year."What happens on the ground right here, beneath our feet will elevate San Diego State and elevate San Diego in ways that we can't possibly imagine," said San Diego Mayor Kevin Faulconer. "San Diegans should take great satisfaction in knowing that the future of this land is finally set as a place where education, athletics, and the community will thrive side by side for generations to come."The campus is designed to increase SDSU's enrollment by 15,000 students."As a student, I am excited that this project will provide more opportunities for students to attend SDSU, achieve their goals of higher education, have access to affordable and convenient housing opportunities, and contribute to a more environmentally sustainable community," said Associated Students President Christian Holt.Construction will begin with Clark Construction doing grading and infrastructure work, as well as work on the stadium and the river park. Clark Construction is expected to employ an estimated 3,500 to 5,550 workers through both the stadium construction and site development phases. 4118

SAN DIEGO (CNS) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273

SAN DIEGO (CNS) - The county's E. coli outbreak involving children who attended the San Diego County Fair and did not wash their hands after visiting the animal exhibits stands Friday at 11 confirmed or probable cases, one of which was fatal, health officials said.County health officials have tracked E. coli cases related to the fair since June 28, when the Health and Human Service Agency announced that it had received reports of four confirmed or probable cases of the bacteria.The fair shuttered its animal exhibits the same day, after 2-year-old Jedidiah Cabezuela's death was reported, and the fair closed for the year on July 4.RELATED: Health officials report 2 new probable E. coli cases possibly tied to San Diego County Fair animalsAs of Wednesday, the number had increased to 10 confirmed cases and one probable case, all of which involve children ranging in age from 2 to 13. The county did not disclose the age or gender of the four new cases confirmed this week, but said all of the patients visited the fair's animal exhibits and petting zoos.People can avoid contracting the bacteria by thoroughly washing their hands after making contact with animals at places like farms, petting zoos and fair exhibits. Young children, older adults and people with weak immune systems are at particular risk, according to health officials.The HHSA and the California Department of Food and Agriculture collected environmental samples at the fair after the first cases were reported to confirm the bacteria's origin. However, results of the collected samples were not available prior to the fair's closure and have yet to be disclosed.County health officials repeatedly cautioned that more confirmed cases were likely despite the fair's closing due to local doctors intentionally looking for symptoms of the bacteria and its multi-day incubation period. As such, the county has not indicated that the cases are part of a larger, countywide outbreak linked to common causes like contaminated produce.While most people who contract the E. coli bacteria do not develop severe complications, roughly 5 to 10% of those who do can develop a potentially life-threatening kidney infection. Symptoms do not appear for three to four days after contraction and can include severe abdominal cramps, watery or bloody diarrhea and vomiting.Residents should promptly contact their doctor if they believe they have contracted E. coli, according to the county. 2455

SAN DIEGO (CNS) - The city of San Diego has reached an agreement with two local nonprofit organizations to improve its stormwater infrastructure and local water quality, it was announced today.Under the agreement, the city pledged to improve its stormwater management sites at the Miramar Landfill, Metro Biosolids Center, North City Reclamation Plant, Point Loma Wastewater Treatment Plant and South Bay Water Reclamation Plant. San Diego Coastkeeper and the Coastal Environmental Rights Foundation will concurrently contribute ,000 to the San Diego Audubon Society to be used for water quality improvement and habitat conservation in Mission Bay.The city's Transportation and Storm Water Department, which oversees the Storm Water Division, declined to comment on the agreement, which was approved by a federal judge last Tuesday. City officials expect to finish the upgrades by the end of 2023, according to the two nonprofits involved in the agreement."We have a longstanding working relationship with the city's stormwater and public utilities departments, so we were confident they would take our concerns seriously and allow us to achieve environmental benefits without having to engage in expensive litigation," said CERF Executive Director Marco Gonzalez.The nonprofits began working with the city on upgrading stormwater treatment infrastructure in early 2017, when Coastkeeper and CERF noted that city-owned water treatment sites were disposing stormwater with toxic pollutants, bacteria from human waste, dissolved metals and other hazardous materials into local bodies of water.The two organizations specified that Rose Creek, San Clemente Creek, Mission Bay, Tijuana River and the Pacific Ocean were likely affected.A report released by the city auditor's office in June found that the city's Storm Water Division had a large backlog of planned infrastructure projects and failed to properly keep up with the backlog due to, among other things, a lack of funding. 1988