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SAN FRANCISCO (AP) — A federal appeals court ruled against the Trump administration in its transfer of military money to build sections of the U.S. border wall with Mexico. The ruling is the latest twist in a legal battle that has largely gone Trump's way. The 9th Circuit Court of Appeals ruled Friday that diverting .5 billion from military construction projects to build the wall illegally sidesteps Congress. But the Supreme Court allowed the .5 billion to be spent while the litigation continued,In a 2-1 decision, the appeals panel sided with a coalition of border states and environmental groups who contended the money transfer was unlawful and that building the wall would pose environmental threats. 721

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 DIEGO (KGTV)- Thousands of survivors laced up their walking shoes this morning to support breast cancer survivors and others battling the disease.The annual Susan G. Women San Diego Race for the Cure was held in Balboa Park this morning. The main focus of the event is to bring awareness to breast cancer.Organizers say early detections and knowing your family health history can save your life.“When I was 10 my mom was diagnosed with breast cancer. So I’ve been really diligent throughout my whole life in getting mammograms," Survivor Merrilee Neal says. Komen San Diego offers a number of free resources, including free mammograms.“I am a recipient of the Susan G Komen free mammograms and that’s where my breast cancer was detected,’ says survivor Wendy Shurelds.In San Diego, six women are diagnosed with breast cancer each day. The state of California and the Komen Foundation teamed up for an initiative, called “The Circle of Promise,” to educate women.“The Circle of Promise was created for African American women, due to the fact that the African American women mortality rate is 41% higher in San Diego than any other race.”The goal for the event was 5,000. The funds raised are used to support patients around San Diego county and research in the U.S. 1289

SAN DIEGO, Calif. (KGTV) - Assemblywoman Lorena Gonzalez announced she will introduce two new housing bills in the state assembly this week.One of them aims to prohibit developers from separating affordable housing units from market rate units in the same building.The bill came in response to a fight last summer between Canadian developer, Pinnacle and Civic San Diego, the city agency that was responsible for overseeing design approval.Pinnacle had submitted plans for a building on 11th Avenue between A & B Streets. The main tower was 32 stories tall and would be available at market rates. The tower was attached to an eight-story building that would house 58 affordable units, in order to satisfy the density bonus granted to Pinnacle for this and two other projects in the area.But Civic San Diego rejected the plan on the grounds that the affordable housing units had a separate entrance and restricted access to amenities in the 32-story tower, including the pool.“We can’t create a system that allows developers to separate out folks,” said Gonzalez at a press conference on Monday.A draft summary of the bill, AB 2344, stated it will “prohibit the owner or agent of an owner from isolation the affordable housing units within that structure to a specific floor or area within the structure.”After Civic San Diego rejected the proposal from Pinnacle, the developer came back with a new plan that eliminated the eight-story affordable housing section entirely. That plan was also rejected by Civic San Diego.10News reached out to Pinnacle for a comment, but a lawyer said they could not say anything because the project “remains a subject of potential litigation.” 1687

SAN DIEGO (KGTV)- Neighbors are shaken up after a home invasion in University City. “I wouldn’t have expected it because I feel like this area UTC especially is pretty safe,” says neighbor Alana Schnoor. San Diego police got the call early Monday morning, around 1 a.m, from the home in the 5300 block of Toscana Way.Two men wearing masks went inside of an unlocked apartment. One of them pointed a gun at the people inside, while the other grabbed phones and laptops. Police say one of the victims grabbed the gun and fought the robber. The intruder hit the man with the weapon, and both robbers ran out. “It’s a safe area. I just wouldn’t have expected someone with a gun going into an apartment like that,” said neighbor Amy Kaido. Police say the intruders were wearing green jackets with black stripes and black pants. Both men were in their 20’s. 860

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