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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - The average price of a gallon of self-serve regular gasoline in San Diego County dropped two-tenths of a cent today to .840.The average price is 1.3 cents more than one week ago, 20 cents higher than one month ago and 80.4 cents greater than one year ago, according to figures from the AAA and Oil Price Information Service. It has risen 71.8 cents since the start of the year."The latest California Energy Commission fuels report showed an increase in gasoline inventories and refinery production during the first week in October, which should help prices at the pump," said Jeffrey Spring, the Automobile Club of Southern California's corporate communications manager. 698

SAN DIEGO (CNS) - The remaining sailors from the San Diego-based USS Theodore Roosevelt who stayed ashore in Guam following a COVID-19 outbreak aboard the carrier will fly back to the United States starting Friday, according to the Navy.The carrier resumed its scheduled deployment in the Indo-Pacific last Thursday, though a few hundred sailors remained in Guam to continue receiving medical care. The Navy says those service members will take military flights to the U.S., where they will be required to complete a two-week "restriction-of- movement sequester" either at home or at facilities on base at their home station.The ship originally departed San Diego on Jan. 17 for a deployment, but was diverted to Guam on March 27 when the COVID-19 outbreak took hold, ultimately infecting more than 1,100 sailors, and killing one, Chief Aviation Ordnanceman Charles Thacker, 41.The ship's commanding officer, Capt. Brett Crozier, made a publicized plea for assistance from Navy leadership in a letter that was leaked to the press, leading to his removal from command of the ship.While many have called for his reinstatement, the Navy has stated that its investigation into the circumstances behind the letter's leak is ongoing. Crozier has since been reassigned to the Naval Air Forces in San Diego, while Thomas Modly, the former Acting Secretary of the Navy who fired Crozier, resigned after he criticized Crozier to the ship's crew in a speech that was leaked online.The ship briefly went to sea June 2 to complete carrier qualifications before returning to Apra Harbor in Guam two days later to pick up around 1,000 sailors.Navy officials said the carrier now operates with new COVID-19 standard operating procedures, which modifies how crew members move through the ship, expands meal hours and establishes new social distancing procedures."The crew humbly prepared to go back to sea, they had a job to do, and they did it without hesitation," said the ship's commanding officer, Capt. Carlos Sardiello. "We have returned Theodore Roosevelt to sea as a symbol of hope and inspiration, and an instrument of national power because we are TR." 2153

SAN DIEGO (CNS) - Police sought the public's help Tuesday to find a Navy SEAL veteran last seen more than two weeks ago at his residence in the Chollas Lake Park area.Johnathan Steven Surmont, 45, was last seen Aug. 27 and was last heard from when he contacted his ex-wife Aug. 31 to tell her he was in a "rough place" in Los Angeles, according to a missing person bulletin from the San Diego Police Department. His vehicle was found four days later, on Sept. 3, in La Jolla.In a video posted to Vimeo dated three years ago, Surmont described himself as a disabled veteran who spent 15 years as a Navy SEAL."I was a SEAL sniper, communicator and unmanned systems expert," he said in a testimonial for the Red Circle Foundation, an organization that describes itself as supporting the families of fallen and wounded U.S. Special Operations forces."I'm a single father and a small business owner," Surmont said before describing a long list of injuries, which he said included "a traumatic brain injury" and "about 17 different areas that I'm experiencing chronic pain on a daily basis." Some of the injuries were apparently sustained during his time as a SEAL, while others occurred in a car crash."One of the things I struggle with is, I look fine," Surmont said with a laugh in a lighter moment of the mostly solemn testimonial. "With a traumatic brain injury, the struggle is the damage is on the inside."In the video, Surmont helps dress his sons in Little League uniforms -- Padres jerseys and "SD" hats -- and is shown helping them warm up before a game.Police say Surmont has missed several doctor's appointments and has not contacted his family or friends, which is "abnormal."He's described as a 6-foot, 212-pound white man with brown hair and brown eyes. In photos and videos, he has a brown goatee and mustache with a thin chin-strap style beard.Anyone with information about his whereabouts was asked to call the SDPD at (619) 531-2000 or the department's missing person's unit at (619) 531-2277. 2015

SAN DIEGO (CNS) - San Diego State announced it is withdrawing from bowl consideration to give its football players the opportunity to spend time with their parents during the Christmas break.The decision ends the Aztecs' streak of playing in a bowl game for 10 consecutive seasons, which equaled the nation's 11th-longest active streak.With a 4-4 record and 11 bowls canceled because of the coronavirus pandemic it was unlikely San Diego State would receive a bowl invitation. They were not among the teams projected to play in a bowl in projections released Sunday by Jerry Palm of CBS Sports."Our guys have really been through a lot, I think more than any of us could imagine," coach Brady Hoke said Wednesday, following the Aztecs' final practice of 2020. "They get to play a game they love, but with the uncertainty of being able to play in a bowl game we have made the decision that we will not play another game this season."I cannot tell you how proud I am of this team with what they have been through and the commitment they showed to one another. Many of them have not seen their parents since May and we want them to have an opportunity to go home." 1168