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VISTA, Calif. – A Carlsbad pastor whose wife caught him molesting a female family member was sentenced to 15 years in prison Tuesday afternoon. Matthew Tague stood in Superior Court in Vista to read a statement of apology; taking 100 per cent responsibility for hurting those closest to him and saying he's getting counseling for his sex addiction."For all these things, I am and will be truly and profoundly repentant and in light of my terrible and reprehensible actions. I would like to share why I'm grateful that I was discovered on May 5, 2017."His wife stood then, talking about rehabilitation and forgiveness. "This sentence my husband faces, we all know is indeed lifelong; no matter what number of years is decided, these events will follow him for the rest of his life."Deputy district attorney Patricia Lavermicocca hammered on Tague's role in the community, as pastor of North Coast Calvary Chapel. "This isn't just a father; he is a pastor who teaches the community the morally right thing to do."Judge Daniel Goldstein noted Tague's selfishness and aggression, calling his acts outrageous and heinous. "I do consider that you never had a criminal history but you stepped off the deep end."Tague, 44, pleaded guilty in February to two counts of lewd act on a child.According to Deputy District Attorney Patricia Lavermicicca, Tague repeatedly molested the victim between 2016 and 2017 when she was 12 and 13 years old.RELATED: Carlsbad pastor arrested on child molestation chargesTague’s wife reported him to the authorities after catching him in the act in May of 2017. 1597
WASHINGTON — The Supreme Court has ruled that the Trump administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 decision applies to people who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal. ACLU attorney Lee Gelernt argued against the case and said the ruling will put lives in danger."This ruling fails to live up to the Constitution’s bedrock principle that individuals deprived of their liberty have their day in court, and this includes asylum seekers. This decision means that some people facing flawed deportation orders can be forcibly removed with no judicial oversight, putting their lives in grave danger," Gelernt said.The justices ruled in the case of man who said he fled persecution as a member of Sri Lanka’s Tamil minority, but failed to persuade immigration officials that he faced harm if he returned to Sri Lanka. The man was arrested soon after he slipped across the U.S. border from Mexico. 1055
VISTA, Calif. (CNS) - A murder conviction was reversed Friday for a 73-year-old former Valley Center resident, who was convicted in 2001 of killing her husband and was serving a 25-years-to-life sentence, but may receive a new trial due to newly discovered DNA evidence.Jane Dorotik was found guilty of the murder of 55-year-old Robert Dorotik, whose body was found on Feb. 13, 2000, one day after his wife said he disappeared after going jogging, prompting her to report him missing.District Attorney's Office spokesman Steve Walker said "newly discovered DNA evidence developed from advanced technology unavailable at the time of the 2001 jury trial" led the D.A.'s office to concede a habeas corpus petition filed by Dorotik's attorneys, thus reversing the conviction.Dorotik was released from the California Institution for Women in Corona in April amid the COVID-19 pandemic and will remain out of custody on her own recognizance. Attorneys will reconvene Oct. 23 to discuss the possibility of a retrial."After fighting for nearly 20 years to overturn my conviction, I am so grateful to finally see this day," Dorotik said in a statement released by her attorneys."Frankly, I'm a little overwhelmed at the moment," she said. "I have maintained from day one that I had nothing to do with my husband's murder. Spending almost two decades in prison falsely convicted of killing the man I loved has been incredibly painful. I lost literally everything in my life that Bob and I had built together."Prosecutors alleged that Dorotik beat her husband to death in their bedroom in the Valley Center horse ranch they rented, then dumped his body on the side of a road a few miles away.Medical examiners concluded he died of blunt force trauma to the head and strangulation, which prosecutors alleged was committed with a hammer and rope.The prosecution theory was that Dorotik killed her husband because she would have to pay him 40% of her income in the event of a divorce.Attorneys from Loyola Law School's Project for the Innocent say Dorotik was wrongfully convicted and submitted the habeas corpus petition alleging issues with the DNA evidence and testimony used to convict her.Her attorneys say newly conducted DNA testing of the victim's clothing, fingernails and a rope alleged to be one of the murder weapons showed no evidence of Dorotik's DNA, excluding her presence from the crime scene.They also alleged a prosecution expert witness testified during Dorotik's trial that stains found in the bedroom were her husband's blood, even though most of the stains were not tested and never confirmed to be blood at all.During an afternoon hearing at the Vista courthouse, Deputy District Attorney Karl Husoe said some of the new evidence stems from "the results of the retesting of some physical items of evidence" and noted "the DNA evidence as it exists now in 2020 is much different in quality and quantity than presented at trial in 2001."The prosecutor said the new evidence "undermines the previous evidence presented at trial to the extent that a new trial would be granted by this court."Additionally, Husoe said the D.A.'s office received "new information regarding lab personnel which our office was previously unaware of, but (was) recently made known to us," but did not elaborate on the content of that information.Walker said, "Ultimately, this office intends to pursue DNA testing and retesting of the available evidence in this case using modern and advanced DNA technology available to us today. Whatever the outcome of this additional testing may be, this office will commit resources to this matter in an effort to do all we can to seek the truth and pursue justice." 3696
WASHINGTON (AP) — President Donald Trump and Homeland Security chief Kirstjen Nielsen never quite clicked personally as the president chafed at her explanations of complicated immigration issues and her inability to bring about massive changes at the U.S.-Mexico border.With Nielsen's departure now considered inevitable, her eventual replacement will find there's no getting around the immigration laws and court challenges that have thwarted the president's hard-line agenda at every turn — even if there's better personal chemistry.The list of potential replacements for Nielsen includes a career lawman, two military officers and former acting U.S. Immigration and Customs Enforcement head Thomas Homan — a tough-talker who echoes Trump's border rhetoric."A good DHS person ought to be able to scare America" about heroin coming over the border and illegal crossings, former Trump campaign adviser Barry Bennett said. "But, the system is so against you legally and structurally."Trump soured on Nielsen in part over frustrations that she has not been able to do more to address what he has called a "crisis" at the U.S.-Mexico border. Trump has seized on statistics about illegal border crossings that have grown on her watch after reaching a record low early in his term. More than 50,000 people were detained at the southwest border in October — the highest monthly total since 2014 and up dramatically from 11,000 in April 2017."It's a tough job. You're someone who has to get good numbers on border crossing. He's always looking for that and it's tough," Bennett said.But illegal border crossings could also be tied to the seasons — some experts argue that more migrants make the dangerous journey through the desert when it's not as hot. And Nielsen has largely carried out the president's wishes, including pushing for funding for his border wall and defending the administration's now-abandoned practice of separating children from parents. She also moved to abandon long-standing regulations that dictate how long children are allowed to be held in immigration detention, and was working to find space to detain all families who cross the border. She limited what public benefits migrants can receive, and last week put regulations in place that circumvent immigration law to deny asylum to anyone caught crossing the border illegally. Nearly everything has been challenged or watered down by the courts."I don't think they're going to get the magic person," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies migration issues. "Nielsen had been fairly hard-line implementing what Trump wants, but she's not willing to skirt around the law to do it."And it's not just about policy.Trump has also told allies that he never fully trusted Nielsen, whom he associated with President George W. Bush, a longtime foe. And he has told those close to him that he feels, at times, that she has stronger loyalty to her mentor — chief of staff John Kelly — than to the president. On occasions when she has tried to explain the complicated legal challenges associated with instituting some of his policies, Trump has exploded, belittling her in front of colleagues and blaming her for not being able to skirt the law.Trump had been expected to dismiss Nielsen as soon as Tuesday as part of a post-midterm elections shakeup that is likely to include a slew of other departures.But her departure has been postponed for now in part because there was no obvious successor, according to two people familiar with the discussions who were not authorized to speak publicly and spoke on condition of anonymity. She has no deputy secretary, and the next in line would be Claire Grady, the undersecretary of homeland security for management.Trump said in an interview with The Daily Caller on Wednesday that he'd make a decision on homeland security "shortly."Potential candidates include U.S. Customs and Border Protection Commissioner Kevin McAleenan, and two military officers — Transportation Security Administration head David Pekoske, formerly of the Coast Guard, and Maj. Gen. Vincent Coglianese, who runs the Marine Corps Installations Command, according to people familiar with the discussions.A Customs official didn't return a call seeking comment. A spokesman for Coglianese said he had not been approached by anyone regarding a position with DHS and was focused on his current job.Pekoske said at an unrelated news conference that Nielsen was a strong leader."I have an outstanding relationship with Secretary Nielsen," he said.Homan is regarded as a top pick, according to people familiar with the discussions. He was nominated by Trump to lead Immigration and Customs Enforcement, but stepped down before he was confirmed, and it's not clear if his nomination would pass the Senate or if he'd even be up for the job. He left in part because he wanted to spend more time with his family."I won't speculate what the president will do," he said on Fox News, but praised Nielsen as a "strong secretary" and said she was succeeding in a difficult job."It's a 24/7/365 job," Homan said. "Fifty percent of America hates you 100 percent of the time, you can't win on this topic because it is so divisive." 5264
WASHINGTON — The Justice Department is quietly amending its execution protocols, no longer requiring federal death sentences to be carried out by lethal injection and clearing the way for other methods like firing squads and poison gas. The amended rule, published Friday in the Federal Register, allows the U.S. government to conduct executions by lethal injection or use “any other manner prescribed by the law of the state in which the sentence was imposed.” A number of states allow other methods of execution. The amendment to the "manner of Federal Executions" rule gives federal prosecutors a wider variety of options for execution to avoid delays if the state in which the inmate was sentenced doesn't provide other alternatives. The change also suggests that if the state where the crime occurred does not permit death sentences, a judge can designate another state with those laws and utilize their facilities to carry out the execution, according to CNN.The rule change will take effect in about a month. It remains unclear whether the Justice Department will seek to use any methods other than lethal injection for upcoming executions.On Monday, South Carolina prison officials said they have to delay an execution scheduled for Friday because they won't be able to obtain the lethal injection drugs needed. The South Carolina Supreme Court scheduled Richard Bernard Moore's execution for Friday after he exhausted his federal appeals. Moore has spent nearly two decades on death row for his conviction in the 1999 fatal shooting of a convenience store clerk in Spartanburg County. The South Carolina Department of Corrections said in a letter to the state Supreme Court last week that it won't be able to find drugs by Friday. They have not been able to secure the drugs since their last stock expired in 2013. The Associated Press obtained a copy of the letter.There are 28 states that allow federal and state executions, lethal injection is the primary manner of execution. At least nine of those states, according to CNN, allow for alternative methods such as electrocution, lethal gas, firing squad and hanging. 2136