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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129
SAN DIEGO — An aging shopping center right across from one of San Diego's most luxurious could be in for a major revitalization project.The 31-year-old Costa Verde shopping center is right across from the modern Westfield UTC. The center, at the corner of Genesee and Nobel, serves the community with grocery stores, places to eat, exercise, and get gas and dry cleaning. However, it has several vacancies and there are always empty parking spaces. Now, it appears to be in for a major overhaul that would help it fit right in with Westfield UTC. Owner Regency Centers is moving toward tearing down the entire mall, except for the McDonalds and gas station/car wash on the southwest end. It would then rebuild the retail portion, with the same community serving stores. But, this time, it would add a 200-room business hotel, and 400,000 square-feet of biotech office space, partnering with Alexandria Real Estate."The neighborhood is the most dynamic neighborhood, not only in San Diego County, not only in Southern California, not even on the west coast," said John Murphy, who is leading the project for Regency Centers. "It is one of the most dynamic pieces of property in the country."The San Diego Planning Commission unanimously recommended the project for approval Thursday. It will next go before the City Council, likely in October. If all goes as planned, ground could break in 2021, with the retail portion ready by the holidays of 2023. 1458

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167
SALTON CITY, Calif. (KGTV) - A 3.4-magnitude earthquake shook the Salton Sea region early Sunday.The quake hit just after 5:30 a.m. Sunday a little more than 8.5 miles southwest of Salton City, Calif., with a depth of about 6 miles, according to the United States Geological Survey.According to the website's "Did you feel it?" survey, the shake-up was felt as far away as Julian and El Cajon.RELATED: Is there such a thing as earthquake weather?There have been no reports of injuries or damages from Sunday's earthquake.Several smaller rattles under 1.0-magnitude within the Borrego Springs area were also recorded by the USGS.The Salton Sea area has traditionally been an area that experienced "earthquake swarms," or sequences of several quakes around the same area. 797
Sam Nunberg's interview tour is over for now.Nunberg was booked to appear on CNN's "New Day" on Tuesday morning, but he did not show up for the interview.When an unknown person answered the phone at his home Tuesday morning, the person said Nunberg is done doing interviews.According to two sources with knowledge of the matter, ABC also pursued Nunberg for Tuesday's "Good Morning America." But the producers feared that he would bail, and sure enough, he stopped responding to messages on Tuesday morning. "He went dark," one of the sources said. Nunberg's change in media strategy appears related to the change of heart that unfolded before a national audience during his media tour on Monday.The former Donald Trump campaign aide gave more than a dozen interviews on Monday in an extraordinary act of defiance of special counsel Robert Mueller.Related: Who is Sam Nunberg?He started out by flaunting Mueller's subpoena and saying "let him arrest me." At one point, he even handed the subpoena paper to MSNBC anchor Ari Melber. He seemed to revel in the show he was starring in."Jake, I'm definitely the first person to ever do this, right?" he asked CNN's Jake Tapper.Interviewer after interviewer emphasized that Nunberg could be facing serious legal jeopardy. They asked if he wanted to reconsider his position; asked if he'd consulted his lawyer; and asked about his family.Nunberg asked questions too -- almost as if he was seeking legal advice. In the 7 p.m. hour on Monday, he asked CNN's Erin Burnett, "Do you think Robert Mueller is going to send me to prison, Erin, for this?" She answered, "I don't know, but he certainly would be within his rights."Some of Nunberg's associates said they were worried about his state of mind. Burnett said at the end of the interview that she smelled alcohol on his breath. But he denied that he had been drinking.Paparazzi-style photographers were waiting for Nunberg outside CNN's New York bureau. He spoke with one of the camera crews and then continued talking with reporters by phone. But his tone changed. By the end of the day, Nunberg signaled that he will continue cooperating with Mueller, after all.The special counsel office had no comment.Nunberg's last interview of the day appeared to be with Olivia Nuzzi of New York magazine. He told her around midnight that "I'm gonna cooperate!"Regarding his TV tour, he said to Nuzzi, "Did I sound drunk? I think that I was just more of myself in these interviews than I've ever been. That's what I think it was."He took another call, then called Nuzzi back at 12:55 a.m., said he was happy that "I didn't get dumped by my lawyer today."On Tuesday morning, Nunberg did not answer calls to his cell phone. Callers were greeted by a message that said, "The voice mail belonging to Sam Nunberg is full."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 2906
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