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SAN DIEGO (CNS) - A Catholic priest who oversees churches in four California counties, including San Diego, is suing Gov. Gavin Newsom and 19 other state, county and municipal officials, alleging COVID-19 restrictions on places of worship are unconstitutional.Father Trevor Burfitt contends in his court papers that public health guidelines restricting worship activities are ``no longer warranted'' and ``causing far more harm than good.''Among the restrictions contested by Burfitt are bans on indoor worship, occupancy restrictions, social distancing requirements -- which ``precludes proper conduct of Catholic worship'' -- and face covering mandates, which ``not only radically interferes with Catholic worship in numerous ways but irrationally threatens individual health...,'' according to his 77-page complaint filed Sept. 29 in Kern County Superior Court.RELATED: In-Depth: Answering legal liability questions about coronavirusDefendants named in the suit include Newsom, California Attorney General Xavier Becerra, San Diego County Public Health Officer Dr. Wilma Wooten, San Diego County Sheriff Bill Gore and San Diego Police Chief David Nisleit. The suit also names officials in Los Angeles, Kern and San Bernardino counties, where Burfitt also oversees mission churches. Burfitt is the prior of Saint John Bosco Mission in San Diego, according to the complaint.Since the pandemic began, similar lawsuits have been filed by religious leaders and institutions across the state, including South Bay United. Pentecostal Church in Chula Vista, which challenged the state's restrictions on church attendance in a case that went before the Supreme Court in May and was rejected 5-4.Like many of the other lawsuits, Burfitt challenges places of worship's status as ``non-essential'' and alleges Newsom has arbitrarily deemed other businesses and industries as critical.Paul Jonna, one of Burfitt's attorneys, said in a statement, ``It is now beyond reasonable dispute that, absent judicial intervention, Governor Newsom intends to continue indefinitely a massive and baseless suspension of the constitutional rights of Father Burfitt and nearly 40 million other residents of the state of California.``He continues to levy strict limits or outright prohibitions on public and private worship activities, which continue to be designated as `nonessential,' while liquor stores, marijuana dispensaries, and the Hollywood movie industry are allowed to operate unhindered. California's residents are apparently expected to live their lives behind makeshift `face coverings' while maintaining an arbitrary distance of six feet from everyone they encounter outside their homes. And to complete Newsom's despotic mandates, anyone who declines to obey faces criminal and civil penalties. This is unconstitutional and a blatant violation of the rights guaranteed by California's constitution.'' 2897

SAN DIEGO (CNS) - A 17-year-old boy was pistol whipped and shot in the leg by a man who also snatched the child's cellphone Saturday morning in the Grantville community of San Diego.The teenager was talking on his cellphone in the 6100 block of Decena Drive when he was approached by the suspect at 4 a.m., who demanded his cellphone, said Officer Tony Martinez of the San Diego Police Department.The victim refused and was pistol whipped and then shot in the leg. The suspect then fled the scene with the child's cellphone, Martinez said. The boy suffered a laceration to the head and a shattered femur. Paramedics rushed him to an area hospital.The suspect was about 6-foot, 4-inches tall with a heavy build. He was last seen wearing a black hoodie and green pants.Anyone with any information regarding the assault and shooting was urged to call Crime Stoppers at 888-580-8477. 887

SALT LAKE CITY, Utah — The United States Attorney’s Office is asking anyone who might have gotten their immigration paperwork “lost” in the mail to please give them a call.Federal prosecutors have contacted 181 potential victims whose documents may have actually been intentionally destroyed by a former United States Postal Service employee in Salt Lake City.Special agents with the USPS identified the suspect as 77-year-old Diana Molyneux from West Jordan.Many of the victims were legal immigrants residing in Utah and Nevada who were waiting for their Permanent Resident Card, commonly referred to as a Green Card.“I pray for her. I really do,” said Eloisa Mendoza, the proprietor of Elko Hispanic Services. “I personally think she knew what was in those envelopes.”Mendoza told KSTU she worked with approximately 60 victims in Elko, Nevada. Whenever a client’s mail had a tracking number, Mendoza said it seemed like the documents always got stuck in Salt Lake City.“It’s really difficult for me to understand why (the suspect) would do something like that,” Mendoza said. “Issues. Personal issues… I do not know her, so I really cannot say if she’s racist or not. To me, I think her issue was just ‘aliens.’”According to Mendoza, some of the victims lost their jobs due to the inability to provide proof of legal residency in the United States. Others had to pay more than ,000 in fees.Mendoza said although most of the victims were Hispanic, some were from Russia and the Philippines.“The emotional suffering they went through is very harsh,” Mendoza said. “I saw the emotion, the stress, the nightmare that these people went through. Sometimes I think, ‘Did she ever think of that?’ What was she doing to the lives of these people?”Mendoza credited the office of Sen. Catherine Cortez Masto for helping fix the issues for Nevada residents.When KSTU tried to reach Molyneux for comment at her home in West Jordan, she did not answer the door. According to federal documents, she has been unemployed since losing her job with USPS.Assistant Federal Defender Wendy Lewis, now the sixth defense attorney to represent Molyneux, did not immediately return KSTU’s calls.According to a handwritten letter filed earlier this year, Molyneux asked for and was granted a new attorney, accusing Assistant Federal Defender Carlos A. Garcia of having a “conflict of interest” because the victims were “his people.”“I WAS APPOINTED ATTOREY (sic) GARCIA,” she wrote. “ENGLISH IS ATTORNEY’S SECOND LANGUAGE AND I AM HAVING A HARD TIME COMMUNICATING WITH HIM. THE MATTER IS ABOUT IMMIGRATION MAIL BEING DESTROYED. THIS MAIL IS ABOUT HIS FAMILY MEMBERS, FRIENDS, RELATIVES – PEOPLE. THIS IS A CONFLICT OF INTEREST.” 2713

SACRAMENTO, California (AP) — Impoverished towns in the shadow of Mount Shasta. Rustic Gold Rush cities in the Sierra Nevada foothills. High-dollar resort communities on the shores of Lake Tahoe. Ritzy Los Angeles County suburbs.They all could be the next Paradise.A McClatchy analysis reveals more than 350,000 Californians live in towns and cities that exist almost entirely within "very high fire hazard severity zones" — Cal Fire's designation for places highly vulnerable to devastating wildfires. These designations have proven eerily predictive about some of the state's most destructive wildfires in recent years, including the Camp Fire, the worst in state history.RELATED: Governor Gavin Newsom lays out plan for wildfire preventionNearly all of Paradise is colored in bright red on Cal Fire's map — practically the entire town was at severe risk before the Camp Fire raged through last November, burning the majority of homes in its path and killing 85 people.Malibu, where the Woolsey Fire burned more than 400 homes last year, also falls within very high hazard zones. As does the small Lake County town of Cobb, much of which was destroyed by the Valley Fire in 2015."There's a lot of Paradises out there," said Max Moritz, a fire specialist at UC Santa Barbara.RELATED: Wet winters no longer reduce wildfire risk in California, report claimsAll told, more than 2.7 million Californians live in very high fire hazard severity zones, from trailers off quiet dirt roads in the forest to mansions in the state's largest cities, according to the analysis, which is based on 2010 block-level census data. The California Department of Forestry and Fire Protection says its maps show places where wildfires are likely to be extreme due to factors including vegetation and topography.The maps aren't perfect in their ability to forecast where a fire will be destructive. For instance, the Coffey Park neighborhood of Santa Rosa isn't in a very high hazard zone, but powerful winds pushed the Tubbs Fire into that part of the city, largely leveling the neighborhood in October 2017.Coffey Park was built "with zero consideration for fire," said Chris Dicus, a forestry and fire expert at Cal Poly San Luis Obispo. "Fire was in the mountains — there was no consideration that fire would cross (Highway) 101."RELATED: Do it now: Clear out brush and create defensible spaceCal Fire is making new fire hazard maps — ready in a year or so — that will incorporate regional wind patterns and other climate factors. In the meantime, experts say the current maps, created about a decade ago, still provide an important guide to predict where wildfires could do the most damage, in the same way floodplain maps highlight areas that could be hit hardest during severe storms.The at-risk communities identified by McClatchy also should serve as a starting point for prioritizing how California should spend money on retrofits and other fire-safety programs, Moritz said.California's state-of-the-art building codes help protect homes from wildfire in the most vulnerable areas, experts say. But the codes only apply to new construction. A bill introduced by Assemblyman Jim Wood would provide cash to help Californians retrofit older homes."This will go a long way toward these different municipalities (in showing) that they deserve funding," Moritz said.McClatchy identified more than 75 towns and cities with populations over 1,000 where, like Paradise, at least 90 percent of residents live within the Cal Fire "very high fire hazard severity zones." 3555

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

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