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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 – Delegates at the California Democratic Party State Convention failed to endorse any candidates for U.S. Senate, governor and attorney general, denying Dianne Feinstein endorsement in her bid to stay seated in the U.S. Senate. The indecision sent shock through the party with 54 percent of the vote going to state Senate leader Kevin de Leon and 37 percent for Feinstein."The outcome of today's endorsement vote is an astounding rejection of politics as usual, and it boosts our campaign's momentum as we all stand shoulder to shoulder against a complacent status quo," de Leon said late Saturday in a prepared statement.Still, Feinstein holds a sizable lead over de Leon in statewide polls.Meanwhile, the gubernatorial vote was split between Lt. Governor Gavin Newsom. State Treasurer John Chiang, former state Superintendent Delaine Eastin and former Los Angeles Mayor Antonio Villaraigosa.The convention wraps up Sunday at the San Diego Convention Center with delegates expected to adopt the 2018 party platform. 1039

SAN DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
SAN CLEMENTE ISLAND (CNS) - Gov. Gavin Newsom ordered that flags at the state Capitol be flown at half-staff Tuesday in honor of the eight Marines and one Navy sailor who died when an amphibious assault vehicle sank during a training mission last week near San Clemente Island."Jennifer and I were heartbroken to learn of the loss of nine service members in an accident off San Clemente Island," Newsom said in a statement. "It is a painful reminder of the sacrifice of members of our armed forces, who put their lives on the line for us. We stand united in mourning with their families and fellow Marines and sailors."The amphibious troop-transport vehicle was en route to a waiting ship about 80 miles off the coast of Encinitas about 5:45 p.m. last Thursday when it started taking on water for unknown reasons, according to Lt. Gen. Joseph Osterman, commanding general of 1st MEF.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical status. One was upgraded to stable condition as of Sunday night, Marine officials said.The other five rescued Marines received clean bills of health and returned to their units.Lance Cpl. Guillermo S. Perez of New Braunfels, Texas, was pronounced dead at the scene of the accident. Perez was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, 1st Marine Expeditionary Force and Makin Island Amphibious Ready Group worked for nearly two days to locate more survivors, but they concluded the search-and-rescue operation Saturday after 40 hours of searching across 1,324 square miles.The other eight lost service members were identified as:-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEUThe 26-ton amphibious vehicle went down more than 1,000 yards from a beach on the northwest side of the San Clemente Island in water several hundred feet deep.The deadly accident will be the subject of an exhaustive investigation, according to USMC officials. The Undersea Rescue Command will use an underwater drone to search for the missing victims' remains, with support from supply ship HOS Dominator, military officials said."Our thoughts and prayers have been, and will continue to be with our Marines' and sailor's families during this difficult time," said Col. Christopher Bronzi, commanding officer of the 15th MEU. "The steadfast dedication of the Marines, sailors and Coast Guardsmen to the persistent rescue effort was tremendous."In a prepared statement released Monday, U.S. Secretary of Defense Mark Esper said "(a) grateful nation and the Department of Defense grieves the tragic loss ... of these brave young men.""Their service, commitment and courage will always be remembered by the nation they served," Esper said. "While the incident remains under investigation, I want to assure our service members and their families that we are committed to gathering all the facts, understanding exactly how this incident occurred and preventing similar tragedies in the future."San Clemente Island, one of the eight in the Channel Islands archipelago, is owned by the U.S. Navy and lies within the boundaries of Los Angeles County. Its military uses are administered by Naval Base Coronado. 4036
SAN DIEGO — A new round of federal stimulus appears to be on the way as San Diego again deals with a coronavirus shutdown order. As it stands, more than 100 thousand San Diegans remain unemployed, as businesses are forced to close or limit their services. The governor's office ordered restaurants to go to takeout only, salons to close and gyms to transition outside. Meanwhile, ICU capacity in Southern California is at 0 percent.The new proposal looks similar to the original, called the CARES Act, which passed in late March. There is, however, a key difference - the direct payments to Americans are cut in half. Unemployed San Diegans will get an additional 0 on their weekly payments starting the week of Dec. 26, lasting through March 14. The prior stimulus bill added 0 per check. Plus, San Diegans who earned up to ,000 in 2019 will get 0 in direct stimulus payments, down from the ,200 in the first bill. "I think it's got to be more," said Alan Gin, economist at the University of San Diego. "This is a really serious situation, businesses are going out of business, and they need a lot more help than what's being provided in this package."But others say they are ready for any help. David Heine, owner of Beumont's and Brockton Villa, recently laid off 42 workers and created a gofundme page to help them. He says the forgivable small business Paycheck Protection Program loans are vital and will seek a second round. "We get SDG&E invoices, we get water invoices, we have to pay our insurance, liability insurance, workers comp, that all continues, so the expenses are extraordinary," he said. Heine said the new loan would give him the confidence to close or transition to takeout only and still have the resources to reopen. 1768
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