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SAN FRANCISCO (AP) — An appeals court has rejected a former Stanford University swimmer's bid for a new trial and upheld his sexual assault conviction.The three-judge panel of the 6th District Court of Appeal ruled unanimously Wednesday that Brock Turner received a fair trial.A San Jose jury in 2016 convicted Turner of sexually assaulting a young, intoxicated woman outside an on-campus fraternity party.Judge Aaron Persky rejected a prosecutor's demand for a lengthy prison term and instead sentenced him to six months in jail. Turner appealed the conviction, arguing he didn't receive a fair trial.Persky's sentence sparked nationwide outrage by those who felt it too lenient. It also led to debate over the criminal justice system's handling of sexual assault victims.Voters recalled Persky in June. 812

San Diego (KGTV)- Family members of a man shot and killed by police in El Cerrito are demanding answers. Witnesses told police they saw the man swinging a shovel at officers before shots were fired. The family says the man had a mental illness. The aunt who called police Saturday night tells 10News she called 911 so officers could help get her nephew to a mental health facility. “We all call police for help,” says Grace Carolino. She says she’s still in disbelief that her cousin was shot and killed over the weekend. “It’s really bothering our family what happened because he’s not a threat.”Police said when they arrived at the home on Adelaide Avenue the man resisted arrest. Officers used a taser on the man. Witnesses say the man was swinging a shovel at police. Then another officer fired shots. “I can not imagine how the police officer used deadly force,” says brother Anthony Carolino. According to the District Attorney’s office, between 1993 and 2017, 79 percent of officer-involved shootings had some evidence of drug use or mental health concerns. Just last week, Governor Newsom signed a new law requiring officers to use every non-lethal option. But the Carolino family says that wasn’t the case over the weekend. “We have the taser; we have the pepper spray, we have the canine unit, we have a police negotiation team. Those things are not here.”The family says they are hoping this doesn’t happen to another family. 10News reached out to the San Diego Police Department to ask if they were aware of the man’s mental illness, the time frame of when the taser and gun were fired and how long officers were there before the shooting. We are still waiting to hear back.  1735

SAN DIEGO (KGTV)— The San Diego Police Department's Eastern Division opened up their “Trunk or Treat Haunted Station” to more than 500 kids the Skyline neighborhood. Officers and community members helped to transform the station, and students from Morse High School played monsters in the haunted house. The tradition began four years ago, with the goal of connecting the community with law enforcement.  “It’s so safe. It’s so fun. The kids are having a blast,” one woman said, as her cousin played with the police equipment on display.Outside the station, sponsors gave out candy and snow cones. Officers allowed Trick-Or-Treaters to tour the inside of a SWAT vehicle and ride a police motorcycle. “When I was a child, we didn’t have a place like this to come to,” one woman said, as her grandchildren played inside the SWAT vehicle. “As I was growing up, they would say 'Don’t eat the candy. Things are unsafe.' But we’re so glad to be here because we know our kids are safe here.”Residents said this was exactly what the community needed-- An experience that not only keeps the streets safe, but builds good relationships between residents and law enforcement. “A lot of the kids said, 'I want to be a police officer when I grow up.' And that’s what we want. We want kids from this neighborhood to get interested in becoming a police officer,” Lt. Ernesto Servin of SDPD said.  1414

San Diego (KGTV)- As teachers come up with their virtual lesson plans for the upcoming school year, one local music teacher is turning to the community. Students at Grossmont High School need guitars for class."We'll have 80 students plus taking guitar this year," says teacher Jeremy Cooke. "It is vital for them to be able to play a guitar at home."The high school is not able to provide an instrument for each student."We're a Title I school. So over half of our students get free or reduced lunch, and many can't afford their own guitar."Cooke made a post on Facebook asking for the community to donate any used or new guitars. He says the response has been amazing. As of Monday afternoon, Cooke has received over 30 guitars. Many others are pledging to donate."I've been driving around the county picking up guitars, meeting the people who are donating, and its really neat to see, especially during these tough times."As part of his distance learning plan, Cook has compiled multiple videos recorded over the years to help students learn to play the guitar.Once the class is finished, the students will return the donated guitars to the school for others to use the following year.Grossmont High School is still in need of more guitars. Cooke says he is accepting used and new acoustic or electric guitars for the upcoming school year. If you would like to donate email Cooke at jcooke@guhsd.net or message him on Instagram @covidguitars 1452

SAN FRANCISCO (AP) — A California man convicted five years ago of defrauding several local governments in the state has been charged with trying to steal million from the Paycheck Protection Program. Federal prosecutors announced Friday that Attila Colar of Richmond submitted nine loan applications and falsified payroll tax documents. He received .1 million from one of the applications, but his defense attorney said the money was never spent and was later seized by the FBI. Colar, who goes by several aliases including Dahood Sharieff Bey, is the former leader of a Black Muslim temple in Oakland. He was convicted in 2015 of submitting bogus documents to win security contracts. 698