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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego Mayor Kevin Faulconer and City Councilman Chris Ward announced the start of construction Friday on dedicated infrastructure for cyclists and scooter riders in downtown San Diego.Faulconer and Ward's news conference marked the beginning of phase one of the Downtown Mobility Plan, roughly two and a half years after the City Council unanimously approved it. Once complete, the plan calls for the addition of about nine miles of cycle track through downtown -- bike lanes with a barrier to protect cyclists from vehicle traffic."As we encourage people to get out of their cars more, we need to build transportation networks that provide safe paths of travel for everyone," Faulconer said. "Connecting the popular destinations in downtown to surrounding neighborhoods is an important step in that direction and will give San Diegans more opportunities to embrace the surge in mobility options over the past year."The council approved the plan in June 2016. Faulconer originally suggested that the entire plan could be finished by June 2019, but delays and higher-than-expected costs pushed the project back. In March 2018, city officials told the city's Bicycle Advisory Committee that project costs had jumped from roughly million to million.Due to the setbacks, city officials now hope to complete the first phase at some point in 2020. The first phase will add cycle track on Beech Street from Pacific Highway to Sixth Avenue, Sixth Avenue from Beech Street to Harbor Drive and J Street from First Avenue to 17th Street."The Downtown Mobility Plan is a vital step forward I providing safe infrastructure for all San Diegans and to meet our mobility goals," Ward said. "San Diegans are ready for new and innovative mobility options as they move around our city, and this investment will improve the quality of life for those living and working downtown while moving San Diego closer to achieving our Climate Action Plan benchmarks."City officials expect to complete all three phases of the plan by the end of 2021. The network of track will eventually stretch from Balboa Park to the San Diego Convention Center, according to the city."On the bike front, we're overjoyed change is coming after many years of advocacy," said San Diego Bike Coalition Executive Director Alex Hanshaw. "Prioritizing people who choose to bike and walk is a historic step in the right direction. The lanes also come in a crucial time as we're seeing more people opt for this choice in their commutes, especially as bikeshare and other shared mobility options become more accessible." 2604

SAN DIEGO (CNS) - San Diego State University officially broke ground Monday on its Mission Valley campus, four days after closing escrow on the 132-acre property which currently houses the San Diego Community Credit Union Stadium."Today marks a milestone moment for San Diego State University and the city of San Diego," said SDSU President Adela de la Torre. "With today's groundbreaking we begin the work to expand SDSU's educational, research, and entrepreneurial missions. SDSU Mission Valley also addresses the realities of the past few months and the need for new streams of revenue to support higher education opportunities for all."As a result of the COVID-19 pandemic, the groundbreaking event was not open to the general public. Instead, in-person speakers and invited guests were limited to maintain compliance with public health guidelines.The project has been in the works legally since San Diego voters approved Measure G in November 2018, with centerpiece Aztec Stadium scheduled for completion in Fall 2022."We are building a stadium for Aztec football, international and professional soccer, concerts and any other event you can think of," said SDSU Athletic Director John David Wicker. "A world-class 35,000-capacity stadium designed to offer the amenities fans expect today. This is the most important sports and entertainment venue in San Diego since Petco Park opened and will be 365 days a year use for campus and our community."The San Diego City Council voted unanimously to approve a sale agreement for the city-owned Mission Valley stadium property to SDSU for .2 million in late May, bringing more than a year of negotiations nearly to a close.Council President Pro Tempore Barbara Bry was an early supporter, and released a statement expressing her feelings about the project."I believe that investing in the education of future generations is the most impactful thing we can do. But coming up with plans for an alternative public use for this land in a short period of time seemed like it would take a miracle. Then a miracle actually happened," she wrote."Dedicated citizens wrote and qualified an initiative. The university moved at hyper-speed to formalize plans for a great campus and a magnificent river park. San Diegans contributed millions of dollars to support the campaign for Measure G. And after Measure G was approved by voters, supporters kept the pressure on elected officials to do the right thing and consummate the sale," Bry said.The university's plan for the SDSU Mission Valley campus includes an "innovation district" to support SDSU's education, research, entrepreneurial, technology and athletics programs, as well as 86 acres of parks, recreation and open space, about 4,600 market-rate and affordable residences, 400 hotel rooms, 95,000 square feet of retail space and enhanced use of the MTS Green Line Stadium trolley station and accommodation of the planned Purple Line.SDSU Mission Valley is set to expand the university's economic impact by an estimated billion per year."What happens on the ground right here, beneath our feet will elevate San Diego State and elevate San Diego in ways that we can't possibly imagine," said San Diego Mayor Kevin Faulconer. "San Diegans should take great satisfaction in knowing that the future of this land is finally set as a place where education, athletics, and the community will thrive side by side for generations to come."The campus is designed to increase SDSU's enrollment by 15,000 students."As a student, I am excited that this project will provide more opportunities for students to attend SDSU, achieve their goals of higher education, have access to affordable and convenient housing opportunities, and contribute to a more environmentally sustainable community," said Associated Students President Christian Holt.Construction will begin with Clark Construction doing grading and infrastructure work, as well as work on the stadium and the river park. Clark Construction is expected to employ an estimated 3,500 to 5,550 workers through both the stadium construction and site development phases. 4118

SAN DIEGO (CNS) - The Miramar National Cemetery Support Foundation launched a project Thursday to build an Armed Forces Memorial Amphitheater with permanent seating in the cemetery's assembly area.The foundation, which sponsors the Avenue of Flags as well as the Veterans Tribute Tower & Carillon and the annual veterans' services at the cemetery, is working with cemetery leadership and the VA's National Cemetery Administration on the design of the amphitheater.The VA-required construction of the amphitheater and maintenance endowment are expected to cost between 0,000 and 0,000 -- the largest project the Support Foundation has yet undertaken at Miramar National Cemetery. No federal funds will be expended for the project."We're dedicating our fifth Annual "Virtual Gala" fund-raiser to the Armed Forces Memorial Amphitheater, said Charlie Inot, Support Foundation president and CEO. "We're asking corporations, members of veterans' organizations and civic groups, as well as the public, to help make this vision for Miramar a reality through their generous contributions."The plan for the amphitheater includes long concrete benches arranged in a semi-circle within the existing flag assembly area. The benches would be fronted with stone, matching that used throughout the cemetery. Landscaping plans include artificial turf areas between the seating and around the amphitheater perimeter. The seating area is designed to comply with Americans with Disabilities Act requirements by providing handicapped access and wheelchair spaces."To accommodate guests at our veterans services in the past, we've had to set up folding chairs in the flag assembly area," said Sallay Kim, Support Foundation vice president and chair of the Virtual Gala. "That's not really satisfactory or comfortable for our guests, especially if the ground is too soft to properly support the chairs. Permanent seating would remedy that situation."Renderings of the amphitheater and information on contributing to the project can be found at www.gala.miramarcemetery.org."The successful addition of amphitheater seating at Miramar National Cemetery will benefit tens of thousand of veterans, their families, friends and the general public in future years. Hopefully, in gratitude for the service of all veterans, we will receive strong public support," said Denny Schoville, Support Foundation chairman.The fund drive will continue through the end of 2020. 2453

SAN DIEGO (CNS) - Regal Cinemas might be closing all 543 of its theaters in the United States as early as this week due to continued revenue losses from the coronavirus pandemic.``We can confirm we are considering the temporary closure of our U.K. and US cinemas, but a final decision has not yet been reached. Once a decision has been made we will update all staff and customers as soon as we can,'' the theater chain's parent company Cineworld tweeted on Sunday.A report in Variety the previous day, which cited an unidentified source, said the company would be closing its theatres in the United States and the United Kingdom as early as this week.Regal is the second-largest theater chain in the United States after AMC.The chain has eight locations in San Diego County. Indoor movie theaters are currently permitted at reduced capacity in the county, and with other protocols in place to prevent the spread of COVID-19.Variety's report came one day after it was announced that the release of the latest James Bond film, ``No Time to Die,'' would be postponed until April 2021. Large chains such as Regal count on blockbusters like the Bond films to sustain operations. 1181