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SAN DIEGO (CNS) - San Diego State University reported 25 new cases of COVID-19 Sunday, bringing the total number of cases to 1,072 since Aug. 24, the first day of instruction for the fall semester.The new totals reported by Student Health Services reflect numbers as of 6 p.m. Saturday.Of the students living on campus, 385 have tested positive and students living off-campus totaled 666 positive cases, health services said. A total of eight faculty or staff members have tested positive and 13 "visitors," people who have had exposure with an SDSU-affiliated individual, have tested positive.The number of confirmed cases was 1,030, with 42 probable cases.The information is based on cases reported to Student Health Services by an individual or by a public health official. As more private labs are administering tests, there is a possibility that not all cases are being reported to Student Health Services.For privacy reasons, SDSU does not report names, affiliations or health conditions of students, faculty or staff who test positive for COVID-19 unless a public health agency advises that there is a health and public safety benefit to reporting such details. 1176

SAN DIEGO (CNS) - The father of two children who died in a Rancho Bernardo condominium fire fell asleep while drunk with a lit cigarette in his hand and then abandoned his kids to try and save himself, a prosecutor said Tuesday, while a defense attorney told jurors that a defective cell phone was a far more likely ignition source. Jurors heard final summations, then began deliberating the charges against Henry Lopez, 39, who is charged in the Oct. 28, 2017, deaths of his 7- year-old daughter Isabella and 10-year-old son Cristos. He faces up to 14 years in prison if convicted of involuntary manslaughter, child endangerment and reckless fire starting. Deputy District Attorney Kyle Sutterley alleges that Lopez got drunk following an argument with his girlfriend, fell asleep and ignited a blaze in his bed. The prosecutor alleges that Lopez, upon waking to find the condo ablaze around 3:15 a.m., went past the children's bedrooms on his way down the stairs and punched out a first-floor window to try and escape the flames. He then went back upstairs and started pounding on the walls, then passed out from the smoke at the top of the stairs, where firefighters later found him, Sutterley said. According to the prosecutor, Cristos walked into his father's burning bedroom, laid down on the floor and died of burns to more than 80 percent of his body. Isabella went into her brother's room, laid down on the bottom bunk bed and ``fortunately never woke up'' after passing out due to smoke inhalation, Sutterley said. ``A parent has a responsibility to care for their children, a responsibility to protect their children, and if need be, to sacrifice themselves for their children. And Henry Lopez, on Oct. 28, 2017, he failed his children, and as a result, one of them burned to death, and one of them went to sleep and never woke up,'' Sutterley said in his closing argument. Defense attorney Paul Neuharth Jr. alleges it was more likely that his client's iPhone 6 caused the blaze while it was charging beneath Lopez's pillow. Neither cigarette butts, nor the phone, were found in the remnants of the blaze. Sutterley said investigators located a drinking glass within the area where the fire started, which may have been used as a makeshift ashtray. Prosecutors say a similar glass full of around 75 discarded cigarette butts was located in a trash can in the home's garage. However, no cigarette butts were found inside the glass in the bedroom. Neuharth told jurors there was no proof that a lit cigarette started the fire, with the only evidence of smoking inside the home coming from the defendant's ex-wife, Nikia, who said she once witnessed him smoking marijuana in his bed. Lopez told investigators he only smoked on his outside patio and never inside the house, particularly due to his son's asthma. Wayne Whitney, an investigator with the San Diego Fire Rescue Metro Arson Strike Team, testified last week that despite the lack of cigarette butts in the burned bedroom, he was able to make a ``reasonable inference'' that cigarettes sparked the fire, by way of Lopez's alleged smoking habits. Whitney conceded that the cell phone was a possible cause of the fire, but said he didn't believe it would have ignited the condo fire if it were under Lopez's pillow, as a lack of oxygen would have smothered the blaze and kept it from spreading. Sutterley said the burns Lopez sustained on his back, arms and particularly his hand were more consistent with holding a lit cigarette, rather than a cell phone igniting beneath his pillow, which Sutterley argued should have caused burns to Lopez's head. Neuharth emphasized that Whitney came to his conclusion despite no evidence that Lopez smoked in the home that day, while on the other hand, cell phone records proved the phone was in the condo, though it's unknown whether it was in Lopez's bedroom. Wall outlets and candles in Lopez's bedroom were ruled out as potential causes of the blaze, as they were outside the area where investigators believe the fire began. Smoke detectors in Lopez's bedroom and one of the children's rooms were unplugged or removed, according to Sutterley, who said Lopez had a 0.229 blood-alcohol content when blood was drawn at a hospital less than two hours after the fire. Neuharth contested the idea that Lopez did not do whatever he could to try and save his children, telling the jury that the defendant went back upstairs and beat a hole in the wall in attempt to get to the youngsters' rooms amid thick smoke filling the condo. The attorney argued that had it not been for the timely arrival of firefighters, Lopez, too, would have died from smoke inhalation. ``What more can you ask of a parent than to give their life and if not for whatever matter of seconds it would have been or a minute before he was brought out and resuscitated, he would have been dead along with the children,'' Neuharth said. Sutterley argued Lopez's first instinct was selfishness and self- preservation, as ``he was so deep into a bottle of whiskey and a cigarette that he forgot (the children) were there or abandoned them on purpose. But either way, as a parent, your first thought is to save your children. Your first thought is to your kids. It's not to yourself. It's not to the front door. It's to save your children.'' 5315

SAN DIEGO (CNS) - San Diego-area elected officials mourned the death of Supreme Court Justice Ruth Bader Ginsburg, with county Supervisor Nathan Fletcher calling her death, ``a heartbreaking loss for our country.''``Justice Ruth Bader Ginsberg had a brilliant mind, compassionate heart and deep appreciation for our constitution and what American values should represent,'' Fletcher said Friday. ``I had the great honor to have lunch with her a few years back and was blown away by her intellect and playful spirit.``As a professor at UCSD, her dissent in Shelby v. Holder is a masterpiece in constitutional law. There will never be another RBG.''The court ruled in the case that the provision of the Voting Rights Act of 1965 containing the coverage formula determining which jurisdictions are subject to preclearance based on their histories of discrimination in voting was unconstitutional.In her dissent, Ginsburg wrote, ``throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."Fletcher's wife, Assemblywoman Lorena Gonzalez, D-San Diego, tweeted, ``My heart aches. We will truly miss the clear vision and leadership of Ruth Bader Ginsburg. Rest in Power!''Senate President pro Tempore Toni G. Atkins, D-San Diego, said ``We have lost a major force of our time. Justice Ruth Bader Ginsburg was a tireless advocate for justice, a brilliant legal mind, and an outstanding role model for generations of people.``Like millions of Americans, I join Justice Ginsburg's family in mourning her devastating loss, and honoring her legacy of feminism, equality, and progress.''Assemblyman Todd Gloria, D-San Diego, wrote, ``Our nation is better, fairer, and more just because of Justice Ruth Bader Ginsburg. Today, we pause to reflect on her extraordinary life. Tomorrow, we must do the work to ensure her legacy is not undone. Godspeed Notorious RBG.''San Diego City Council President Georgette Gomez called Ginsburg ``a trailblazing advocate for women and a voice of integrity, justice, and equality on the Supreme Court.''``Her life has inspired generations to always pursue justice for all,'' Gomez said. ``In her memory, we must keep fighting to make equality a reality in America.''Ginsburg was the second woman appointed to the Supreme Court, nominated by President Bill Clinton in 1993.The Columbia Law School graduate taught at Rutgers and Columbia and was a fierce courtroom advocate of women's rights, making her an iconic figure to feminists and earned her the nickname ``Notorious RBG.''While heading the Women's Rights Project of the American Civil Liberties Union in the 1970s, she brought a series of cases before the court that helped establish constitutional protections against sex discrimination.Ginsburg died at her home in Washington of complications from metastatic pancreatic cancer, the court announced. She was 87. 2972

SAN DIEGO (CNS) - San Diego County schools are allowed to reopen for in-person teaching starting Tuesday, a day after a flurry of businesses throughout the county resumed indoor operations.Tuesday marks two weeks since San Diego County was removed from the state's COVID-19 watch list and nearly three weeks that the county's case rate has remained under 100 cases per 100,000 people.Remaining below that metric has paved the way for K-12 schools to reopen for in-person teaching, but many districts are expected to take a cautious approach to reopening.Schools that choose to reopen must follow state guidance, including mandatory face covering usage for students in third grade through high school, increased cleaning and disinfecting practices and implementing a six-foot distance requirement, where possible, in classrooms and non-classroom spaces.On Monday, San Diego County businesses including movie theaters, gyms, museums and hair and nail salons resumed indoor operations, with modifications, under newly issued state guidance. Restaurants, places of worship and movie theaters are only allowed up to 25% occupancy or 100 people -- whichever is less. Museums, zoos and aquariums are also required not to exceed 25% occupancy.Monday night, the county implemented a new policy that restaurant patrons sitting indoors must wear masks at all times, except when eating or drinking. Outdoor patrons may still remove masks while not consuming food or beverages.Gyms, dance studios, yoga studios and fitness centers may operate with 10% occupancy. Hair salons, barbershops, tattoo parlors, piercing shops, skin care and cosmetology services and nail salons may operate indoors with normal capacity, but a new policy states they must keep an appointment book with names and contact information for customers to track potential future outbreaks.San Diego County Supervisor Greg Cox thanked San Diegans for working hard to bring the case rate down but offered a word of caution on Monday."This is not a green light, this is a yellow light," he said. "We can't gun the engine of the economy full throttle yet."Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that retail businesses are to be restricted to 50% occupancy. Wooten said she was seeking clarification on grocery stores for the same restriction.All indoor businesses must still abide by social distancing and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.County public health officials reported 304 new COVID-19 cases on Monday, raising the county's cumulative cases to 38,604. No new deaths were reported, keeping the county's deaths tied to the illness at 682.Of 5,731 tests reported Monday, 5% returned positive, raising the county's 14-day rolling positive testing rate to 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,543. 2960

SAN DIEGO (CNS) - The San Diego County Board of Supervisors will meet in closed session Monday to consider taking legal action against the state to prevent potentially sliding back into the most restrictive tier on Tuesday.The Board met Thursday night to discuss their options after Gov. Gavin Newsom rejected a county effort Wednesday to discount the more than 700 positive tests recorded by San Diego State University since the semester began.The supervisors did not make a decision on taking legal action against the state in their meeting Thursday, but Supervisor Greg Cox said the board will meet in closed-session Monday after receiving more information, "to consider any further actions."County Supervisor Nathan Fletcher was vague about the closed meeting Thursday, but urged caution."In general, I believe we should be fighting COVID-19 and not the state of California," he said. "We do not yet know what our case rate will be next Tuesday and will have to evaluate that number in order to understand any possible impact."The county will find out Tuesday if it will slip back to the purple tier of the state's coronavirus reopening roadmap. If so, it would likely shutter indoor operations for restaurants, movie theaters, houses of worship and gyms, limit retail businesses to just 25% capacity and have major impacts on indoor business for most other industries until the county can improve its numbers.Should the county be placed in that tier, it would have to wait a minimum of three weeks before moving back to less restrictive tiers.If state data announced Tuesday shows the county has a case rate higher than 7, it could be moved into the purple tier -- the most restrictive. However, if the numbers from the university were removed from the equation, San Diego County would suddenly drop below the mark to remain in the red tier.As of 6 p.m. Saturday, SDSU had reported 819 confirmed cases and 32 probable cases, bringing the total number of cases to 851. The university has not received any reports of faculty or staff who have tested positive, SDSU health officials said, nor have any cases been traced to classroom or research settings.San Diego County health officials reported 284 new COVID-19 infections and no new deaths on Sunday, raising the region's totals to 44,577 cases with the death toll remaining at 760.Of the 9,097 tests reported on Saturday, 3% returned positive, bringing the 14-day rolling average of positive tests to 3.6%.The seven-day daily average of tests is 8,375.Of the total positive cases reported as of Sunday, 3,404 -- or 7.6% -- required hospitalization and 800 -- or 1.8% -- had to be admitted to an intensive care unit.One new community outbreak in a grocery business was confirmed this weekend. From Sept. 13-19, 21 community outbreaks were confirmed.The number of community outbreaks remains above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days. 3049

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