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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 DIEGO (CNS) - A Clairemont woman who fired a shot through the front door of her next-door neighbors' apartment after they complained about loud noises and yelling coming from her unit was sentenced today to 16 years in state prison.Brittany Lefler, 37, was convicted in May of four counts of assault with a semiautomatic firearm and one count each of making a criminal threat, shooting at an inhabited dwelling and child endangerment.Superior Court Judge Joan Weber said the defendant's addiction to alcohol led to the terrifying events of Dec. 29, 2016."This is a woman who really tried to kill people,'' the judge said. ``Alcohol led her to that.''Deputy Alternate Public Defender Gilson Gray unsuccessfully argued for a lesser sentence, calling Lefler's actions "significant recklessness'' while stressing that one shot was fired.PREVIOUS REPORT: Topless Clairemont suspect in custody after 8-hour standoffBut Deputy District Attorney Michael Reilly said Lefler pointed a gun in the face of one of her neighbors when he opened the door, saying, "I've got my finger on the trigger.''Reilly said one of the victims grabbed her 11-year-old daughter from behind the door just before Lefler fired the shot.Had Lefler fired a few seconds earlier, she might have been looking at first-degree murder, the judge told the defendant."You gave control of your life to alcohol,'' Weber told Lefler. ``Can you believe you're capable of trying to kill people?''A tearful Lefler apologized to the four victims, who were not in court for the sentencing hearing."I'm truly sorry for putting your whole family in danger,'' she said.Lefler vowed to get help for her alcoholism "so something like this doesn't happen again.''During the trial, Reilly said Lefler had been drinking and was "out of control'' and "verbally abusive'' after Erick Morales called police about 1 a.m.Morales and her roommates told police that Lefler kept banging on the wall and screaming in her apartment on Beadnell Way.When officers responded, Lefler wanted to know who called the police on her, according to body-worn camera evidence.Morales' 19-year-old son said at one point he went outside and asked Lefler to "keep it down,'' but she reached into her boot and pulled out what looked like a gun and he ran back inside."She (Lefler) said, 'C'mon outside, I'll bust a cap in you,''' Henry Molina testified.The witness said he had overheard Lefler telling police that she kept a gun for "things like this.''After he shut the door around 5 a.m., Molina testified that he heard another bang and his mother said, "She's shooting! She's shooting!,'' referring to Lefler.Reilly told the jury that Lefler pointed her gun at everyone in Morales' apartment -- including her boyfriend, 11-year-old daughter and son -- before pulling the trigger."She (Lefler) did it on purpose,'' the prosecutor said. "In a moment of anger and fury, she shot through that front door. Ms. Lefler sent a message with a bullet through that front door. She can't do that!''Gray told the jury that Lefler called 911 multiple times that night, but police did not help her.Lefler was home alone, scared and outnumbered by her complaining neighbors, Gray said. He told the jury that Lefler was ``practicing'' pole dancing inside her residence.Both sides were yelling at each other and Lefler fired the shot accidentally when a door suddenly slammed, according to Gray. 3408

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 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." 4549
SAN DIEGO (CNS) - A 17-year-old girl was shot Tuesday morning during an argument inside a Rolando apartment, San Diego police said.Shortly after 12:35 a.m., a security guard reported hearing an argument followed by a gunshot inside of an apartment in the 4700 block of Seminole Drive, near Stanley Avenue off 63rd Street and El Cajon Boulevard, San Diego Police Officer Robert Heims said.The security guard also reported seeing people run away after the shooting, Heims said. Officers responded to the scene and found that a 17-year-old girl had been shot in the left neck/jaw area.The victim was taken to a hospital for treatment of her injuries, which were not believed to be life-threatening, the officer said.A detailed suspect description was not immediately available. 782
SAN DIEGO (CNS) - A former member of the U.S. national wrestling team, who was severely injured during a training camp exercise held at Camp Pendleton, has filed a lawsuit alleging the Marine Corps and USA Wrestling encouraged him and other civilians to take part in a military-style exercise involving weapons that the participants weren't adequately trained to use.Richard Perry and his wife Gina Cimmino filed the lawsuit Tuesday in San Diego federal court against the United States and Armament Systems and Procedures Inc., a company that manufactured and sold a padded baton used in the exercise that resulted in Perry's injury on Aug. 27, 2018.Perry and another civilian attendee of the training camp were provided batons and helmets with facemasks and given "instruction to strike, thrust and jab at the opponent's head and face to score a `kill shot,"' according to the complaint.As Perry's training partner jabbed with the baton, the weapon passed through a gap in Perry's facemask and shattered his eye socket and skull, pushing shattered bone fragments into his brain, the suit alleges.The injury nearly killed him and left him with multiple traumatic brain injuries, skull fractures and "permanent, disfiguring, disabling injuries" which "will require extensive future medical care, vocational rehabilitation, and life care for the rest of his life," according to his court papers.Perry and the other wrestlers were invited to Camp Pendleton as part of a joint event held by USA Wrestling and the Marine Corps that was partly intended as a Marine Corps recruitment initiative, according to the suit.Perry's attorneys allege National Team members were required to attend the camp, as non-attendance resulted in "adverse consequences, including losing a monetary stipend they otherwise earn as National Team members."The lawsuit alleges the Marine Corps and USA Wrestling "placed Richard Perry and other civilian Camp attendees into a `fight club'-style full- speed, full-contact military weapons training exercise," and that Marine Corps and USA Wrestling members "recklessly encouraged head shots and baton jabs by the inexperienced participants" during the exercise in which Perry was injured.The helmets provided to Perry and other wrestlers were "grossly unsuitable for the baton striking drills and posed a clear risk of serious injury," according to the suit. The plaintiff also alleges the Marine Corps and USA Wrestling failed to inspect or maintain the equipment used during the exercise and the batons were "dangerously unprotected," with the padding only held in place by duct tape.Robert J. Francavilla, the lead trial attorney on the case, said his client "suffered a traumatic injury that has affected his life, his livelihood and the lives of those who love him. We intend to hold those responsible for this injury, accountable." 2863
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