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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN FRANCISCO (AP) — California voters are right to think they already weighed in on how big cages should be for egg-laying hens.In 2008, voters ushered in Proposition 2, which sought to free egg-laying hens from tiny cages. It didn't outlaw cages but barred California farmers from keeping hens — as well as calves raised for veal and breeding pigs — in pens so small they virtually couldn't move.Since then, supermarket shelves have filled with cage-free egg varieties. Corporations like McDonald's, Costco and Taco Bell have committed to using cage-free products.RELATED: Proposed California initiative seeks to end high-speed railBut a decade later, voters are being asked to revisit the issue with Proposition 12, the Farm Animal Confinement Initiative.The Humane Society of the United States, the issue's primary proponent, says the measure is needed to update California standards and to apply those standards to out-of-state farmers selling their products in California. The earlier initiative simply stated the three types of animals must be able to turn around freely, stand up and fully extend their limbs — but set no specifics.A "yes" vote for Proposition 12 would create new minimum size requirements for confinement pens for all three animals and require that all egg-laying hens be cage-free by 2022.It would also ban the sales from other states not meeting California's standards.RELATED: No vote coming in 2018, but measure to expand convention center qualifies for ballotThe Humane Society calls the measure a "commonsense reform" that strengthens a decade-old animal cruelty law and gives farmers a phase-in time to shift to more humane practices."Most of the eggs sold in California come from birds confined in cages where it's hard for them to even move. They have to eat, sleep, defecate and lay eggs in the same small space every day for their entire life," said Josh Balk, vice president at the Humane Society of the United States. "Proposition 12 ensures that the pork sold in California, the veal sold in California and the eggs sold in the state come from (animals) not confined in cages."Specifically, the measure would require, starting in 2020, a calf confined for production to have at least 43 square feet (4 square meters) of floor space to roam in, while each pig would have to be given 24 square feet (2.2 square meters) of floor space starting in 2022.RELATED: California gas tax repeal qualifies for November ballotEgg-laying hens, starting in 2020, must be given 1 square foot (0.1 square meter) of floor space each, and have to be cage-free by 2022, according to Proposition 12.According to findings of the state's nonpartisan Legislative Analyst's Office, the measure would likely result in an increase in prices for eggs, pork and veal partly because farmers would have to remodel or build new housing for animals."Changes in housing systems, which come with significant costs that increase food prices, should be driven by consumer purchasing decisions, not the agenda of any activist group," Jim Monroe, National Pork Producers Council spokesman, told the Los Angeles Times.RELATED: Private DMV office provides services to California lawmakersThe Association of California Egg Farmers also opposes the measure, saying the expedited timeline could lead to supply disruptions, price spikes and a shortage of eggs for sale.The Legislative Analyst's Office concluded that if approved, the measure could cost the state as much as million a year to enforce, and millions of dollars more per year in lost tax revenues from farm businesses that choose to stop or reduce production because of higher costs.Other opponents of Proposition 12 say it doesn't go far enough to stop animal cruelty.Bradley Miller, a spokesman for Californians against Cruelty, Cages and Fraud, which is leading a "No on Proposition 12" campaign, says the measure is misleading because the phase-in period implicitly makes cages legal until at least 2022."We're opposed to legalizing cages in our state," said Miller, who is also president of the Humane Farming Association. "These are ever-changing, never-arriving deadlines." 4160

SAN DIEGO (KGTV)- For the first time in decades, NASA is moving closer to sending people to the moon, or even Mars. Naval Base San Diego is playing a key role in that process.This week the USS John P. Murtha left Naval Base San Diego to test recovery efforts of NASA’s mock Orion capsule.“We’re going to ensure that once it comes down, once it hits that water, that everything from then on is totally safe,” says Retired Navy Pilot and President of the San Diego Air & Space Museum Jim Kidrick.The amphibious ship sends a crew into the Pacific Ocean, then uses smaller boats to guide the capsule back to the USS Murtha.The Orion has an environmental control system, a heat shield that can withstand 4,000 degrees Fahrenheit, radiation control and parachutes. NASA says the first recovery test aboard the USS Murtha was a success.“By the time they put people in that capsule its going to work flawlessly.” Naval Base San Diego will be removing the Orion test model from the USS Murtha and putting in on display tomorrow.10News will be there to give you a personal look at the capsule. 1095

SAN DIEGO (KGTV) Chicano artists and activists gathered to voice their concerns about two more murals getting torn down during construction on a local school, one week after the first mural was destroyed.The San Diego Unified School District is working on upgrading Memorial Preparatory school in Logan Heights. Part of the upgrade involves tearing down buildings and walls, and on some of those walls are decades-old murals painted by local Chicano artists. The murals all celebrate the history and culture of the local area.Wednesday, Sept. 30, the artists gathered with a group outside the school and asked to save the murals. Moments later, the first mural was destroyed. A spokesperson for the district said that building could not be saved because it had asbestos.The advocates expressed concern over that statement, saying if the asbestos was really that bad, the construction workers should not have let it collapse the way it did, allowing dust to spread into neighboring homes.RELATED: Barrio Logan artists upset about destruction of historic muralOne week later and the artists gathered again in front of the school, this time saying there are two more murals inside the school they want to save. They said to their knowledge, the buildings these murals are painted on are staying up and these areas do not have asbestos, but certain parts are being torn down, including where the murals are. They’re asking the district to save these murals, offering to supply the funding and labor needed to move the artwork.“What we’re saying is we have the resources we have the will and we have the passion to go forward with the removal. So it’s not that it can’t be done, it’s that we’re not being allowed our rights to preserve them for the entire community,” a representative from the group said.KGTV spoke to a representative from the district Sept. 30, who said they did not want to take the murals down but had to for safety reasons due to the asbestos. They also mentioned the construction will benefit the students in the long run. The district could not be reached again the following week, so KGTV was unable to ask why the other two murals cannot be saved. 2176

SAN DIEGO, Calif. (KGTV) - A ceremony to remember those Missing in Action (MIA) and Prisoners of War (POW) was held on the USS Midway Saturday morning. POW/MIA recognition happens every September to pay tribute to those still missing.There are still 82,000 missing Americans from World War II, Korean War, Vietnam War and the Cold War. The National League of POW/MIA Families was formed to help recover and identify remains. To date, they have helped identify more than 1,000 people.Related: After nearly 77 years, remains of an Indiana Marine are coming homeAnne Mills-Griffiths is the chairman of the board and CEO of the group. Her brother was lost in Vietnam in 1966, then more than 50 years later, his remains were found and brought home.“Our nation has an obligation to stand behind the people who served our country and that includes past present and future,” said Mills-Griffiths. 896

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