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SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072

SAN DIEGO (AP) — A U.S. sailor has pleaded guilty to two counts of espionage and was sentenced to three years after admitting he took classified information about the Navy's nuclear-powered warships and planned to give it to a journalist and then defect to Russia, officials said Friday.U.S. Navy Petty Officer 2nd Class Stephen Kellogg III wished to publish an expose on waste within the military and admitted he wanted to share the information with Russians, said Jeff Houston of the Naval Criminal Investigative Service in an email to The Associated Press.According to Navy court documents, Kellogg, 26, was in contact with Sevmash, Russia's largest shipbuilding enterprise and only nuclear submarine producer. He admitted he knew releasing the information could degrade the ability of nuclear-powered warships, and therefore cause injury to the United States.Neither Kellogg nor his lawyers could be immediately reached for comment.Authorities learned of his plans after arresting Kellogg, on Aug. 27 for drunken disorderly conduct at the San Diego airport where he was stopped by a Delta Air Lines employee from boarding a flight to New York City because he was being belligerent, according to court documents.He had bought a one-way ticket and planned to meet a friend from high school who is a journalist who lives in New York City and told the person he had a big story, according to investigators and court documents.Kellogg knew if the information became public, potential adversaries would likely know the capabilities and limitations of the United States' nuclear-powered warships, according to his pre-trial agreement.Kellogg, who joined the Navy in 2014, was a nuclear electrician's mate with access to classified information relating to the capabilities, operations and maintenance of the Navy's nuclear propulsion systems. He served aboard the USS Carl Vinson from 2016 to 2018 and said he could draw and explain the majority of the ship's critical nuclear propulsion plant systems from memory, according to court documents."This sailor's attempts to disclose classified Navy nuclear propulsion information posed a significant threat to national security and endangered the lives of American service members," FBI Special Agent in Charge Garrett Waugh said in a statement.Kellogg admitted to telling his roommate that he planned to defect to Russia and had searched the Internet for information relating to flights to Moscow, contact information for the Russian Consulate in San Diego, and wrote to an email address associated with Sevmash and called the company six times. It is unclear if the shipbuilder wrote back.Around the same time, he told a childhood friend that he wanted to get out of the Navy and that I "might go Ed Snowden," referring to the former National Security Agency contractor who exposed U.S. government surveillance programs by disclosing classified material.Though Kellogg pleaded guilty to two counts of violating the Espionage Act, his military defense attorneys told the judge at Naval Base San Diego before his sentencing that he was not a spy but rather had a drinking problem and may have been suffering from depression.People who know Kellogg, they said, described him as harmless and someone just trying to get attention. The defense also pointed out that Kellogg had left his passport at his San Diego apartment, undermining claims he was headed to Russia.Authorities said Kellogg also admitted to photographing areas containing sensitive information about the Navy's nuclear propulsion program on the ship, and then sending the photos to his father and ex-girlfriend.He told authorities he stored classified information in his berth, violating protocol, according to the FBI.He will receive a dishonorable discharge and a reduction in rank."This type of behavior has no place in our military," said Cmdr. Nate Christensen, deputy spokesman of the U.S. Pacific Fleet. 3925

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523

SAN CARLOS, Calif. (KGTV) -- Police are searching for a suspect caught on video stealing a bike from a San Carlos garage in late October. According to police, the theft happened on the 6600 block of Bell Bluff Avenue on October 25 around 2 p.m. Police say the suspect backed his truck into the victim’s garage before using bolt cutters to cut a lock and steal a M80 mountain bike. According to police, the theft wasn’t the first time mountain bikes were stolen from the same home. On October 13 and 15, the victim had two other mountain bikes stolen from the garage. The total value of the three bikes is ,000, police say. At this time, it’s unknown if the same suspect is responsible for all three thefts. The suspect is described as a white male in his 30s or 40s with short, blonde hair and a full beard. After the second theft, police say the victim installed security cameras, which captured the third theft. Watch video of the incident below: 960

SAN DIEGO — The banner atop North Park’s Rudford’s Restaurant reads, “Stand up small business.”The word defy is written just below.Defy is exactly what father-and-son team Jeff and Nicholas Kacha planned to do over the weekend - until the community got word. They planned to continue serving food indoors even though the county on Saturday moved into the state’s most strict tier of coronavirus restrictions - the purple tier. But they were faced with threats of broken windows, picketing and lost customers.“It's been a nightmare that just keeps getting worse,” Jeff Kacha said.Redfords, which is not serving indoors, laid off 10 staffers at the news. Sales are down 40 percent. And the 60 turkeys they ordered for Thanksgiving may now not sell.Gov. Newsom says he remains concerned over the recent increase in the rate of coronavirus cases. The state on Monday moved 41 of the state's 58 counties into the purple tier.And even restaurants that look full outside say it hurts. At Puesto in La Jolla, the patio was busy all weekend, but co-founder Eric Adler wasn't celebrating“It looked full and it was full but that still translates to reduced revenue of around 30 percent for us,” he said.But other businesses weren't hit as hard.Point Loma Sports Club already had the bulk of its equipment outside under tents from earlier in the outbreak. When the county entered the purple tier, general manager Bryan Welch moved even more out for the members.“We may do this again two more times, four more times,” he said. "We're trying not to be shocked by it, we're just trying to adapt, and if you can adapt, we just feel like we can thrive.”The challenges, however, could grow as the weather cools into the winter months. 1724