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SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - A jury Monday began deliberating the fate of a man accused of fatally beating a senior citizen and going on a shopping spree with the victim's credit cards nearly two decades ago.Prosecutor Christina Arrollado asked jurors to find 39-year-old Edward Jamar Brooks guilty of first-degree murder.The 71-year-old victim, LeRay Parkins, was found in an alley off the 3700 block of 28th Street on Aug. 23, 2000. He died at a hospital three days later of injuries that included two skull fractures and brain bleeding.According to prosecutors, Parkins was out on a morning walk when he encountered Brooks and co-defendant Lester Bell.Brooks allegedly struck Parkins in the head with a bat, then rifled through the victim's pockets and took his wallet. Purchases were made with Perkins' credit card less than two hours later at a Spring Valley gas station and an Escondido clothing store, according to the District Attorney's Office.A baseball bat was later found at a Spring Valley home frequented by Bell and the getaway driver, Terrence Maurice Brown, but authorities lacked sufficient evidence at the time to arrest the trio for the murder, according to previous court testimony.The three were arrested in different states last summer: Brooks in North Carolina, Bell in Colorado and Brown in Arizona. Brown, 38, recently pleaded guilty to a robbery charge, while Bell, 39, pleaded guilty to voluntary manslaughter. Both men have yet to be sentenced.Brooks "took a baseball bat to the (victim's) skull," and his DNA was found on the victim's short pockets, Arrollado alleged in her closing argument.She said Parkins was a senior on his morning walk to stay healthy, and claims that he was "willing to get into a full-blown fight" with the defendants are false."Instead of coming home healthy and more vibrant, (Parkins) lay dying in alley, choking on this own blood," she told jurors.Arrollado also dismissed claims by Brooks' attorney, Robert Ford, that Bell and Brown were the real culprits who conspired against Brooks."If this is a frame-up job, it's the worst frame-up job in history," the deputy district attorney said. "These three set out looking for victims."Ford countered that if three people are involved in such a crime, accomplices "will say anything to save their own skin -- don't convict Mr. Brooks unless it's based on evidence." That evidence, Ford said, would include DNA on the baseball bat.Brooks admits to taking Parkins' wallet, and DNA evidence supports a robbery -- but not murder, the defense attorney said. Ford said Parkins deserves justice, but the DA's office "cannot prove any malice in the heart of Mr. Brooks.""I hope and pray that each and every one of you will agree on one theory, and that he's not guilty," Ford told jurors. "If he's an innocent man, he should be able to walk out that door."Ford has alleged that Brown actually beat Parkins with the bat and that he and Bell -- two "lifelong friends" who grew up in North Park together -- conspired to blame Brooks, the "odd man out."Ford earlier told jurors that as the three defendants prepared to leave, Brown got into a fistfight with Parkins, which the victim was winning, despite being much older than Brown. He also said his client went to North Park with Bell and Brown on Aug. 23 to buy marijuana, but the dealer was not home. 3344

SAN DIEGO (CNS) - Ex-NFL tight end Kellen Winslow II, convicted of rape and other felonies stemming from sexual offenses against five women, will not be sentenced to prison for at least a few months, but attorneys disagreed in court Thursday as to when the case should move forward given logistical issues concerning the COVID-19 pandemic.Winslow, 37, was convicted in June 2019 of forcible rape, misdemeanor indecent exposure and lewd conduct counts involving three women.The same jury deadlocked on other charges related to two other women, setting the stage for a second trial slated to begin last November, but Winslow pleaded guilty to rape and sexual battery counts connected to those victims on the day trial was set to begin.The son of former San Diego Chargers legend Kellen Winslow initially faced life in prison on the original charges, but currently faces between 12 and 18 years in state prison when he is ultimately sentenced.His case, like many others, has faced delays due to the pandemic, and his Thursday hearing was held over video-conference, which has become typical since the pandemic began.Defense attorney Gretchen Von Helms argued Thursday that Winslow was entitled to be physically present when sentencing arguments are made. She said that those hearings should not be set until early next year, when conditions may be more favorable for Winslow to appear in court.Deputy District Attorney Dan Owens argued for a possible November sentencing date, saying it was "speculative" to claim live hearings might not be available until next year. Owens said attorneys could reconvene later this fall and determine then whether an in-person hearing could be held.San Diego County Superior Court Judge Blaine Bowman, who oversaw the trial, set a status conference for Oct. 15.In his trial, a Vista jury convicted Winslow of raping a 58-year-old homeless woman -- Jane Doe 2 -- in May 2018, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77- year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February of last year. The Carlsbad incident occurred after Winslow was arrested, charged and released on bail.That jury could not reach a consensus on whether Winslow raped a hitchhiker in 2018 -- Jane Doe 1 -- or a 17-year-old girl -- Jane Doe 4 -- at a Scripps Ranch house party in 2003, leading to the second trial and Winslow's guilty pleas.Owens said at trial that none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.Winslow's attorneys told jurors in his first trial that the charged incidents were either consensual sex or never occurred at all.Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013. 2919

SAN DIEGO (CNS) - A pedestrian was fatally struck by a vehicle Wednesday morning in the Midway District, police said.Dispatchers received a call shortly before 5 a.m. from a driver who reported hitting a pedestrian on Sports Arena Boulevard near West Point Loma Boulevard, just south of Interstate 8, San Diego police Officer Scott Lockwood said.The victim, a man believed to be in his 30s, was taken to UCSD Medical Center, where he was pronounced dead, Lockwood said.The driver remained at the scene and cooperated with investigators, but no details about the driver or the vehicle were immediately available, the officer said.The circumstances leading up to the crash were under investigation. 704

SAN DIEGO (CNS) - A towering palm tree and the tree trimmer strapped to it came toppling down inside the lobby area at a University City-area hotel Thursday. The tree was being cut down at Embassy Suites by Hilton San Diego-La Jolla, 4550 La Jolla Village Drive, when it struck a person shortly before 11 a.m., according to police and the San Diego Fire-Rescue Department. San Diego Police told 10News the injured man was a tree trimmer. Medics took the victim, to Scripps Memorial Hospital La Jolla. Joe Jaha, a supervisor at Arbor West Tree Surgeons, says a 3-man crew was at the hotel to take down three large palms in the lobby. He says the tree trimmer was 30 feet up the final, 40-foot palm. He had taken off the top and was trying to bring it down when the tree uprooted, with the tree and tree trimmer crashing to the ground. The tree trimmer, a man in his 30s, suffered a broken leg and arm."It had highly unusual, shallow roots, which we couldn't detect until it was too late. OSHA arrived and said we were in total compliance. It was a freak accident," said Jaha.The Hilton sent 10News the following statement: 1131