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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) - San Diego County has officially been removed from the state's COVID-19 monitoring list, a county official confirmed shortly after noon Tuesday, setting in motion a 14-day countdown that could see K-12 students back in the classroom as soon as Sept. 1, depending on the guidance of individual school districts.The announcement follows six straight days of San Diego County public health officials reporting a case rate of fewer than 100 positive COVID-19 tests per 100,000 people.Gov. Gavin Newsom said Monday that it was "very likely" the county would come off the state's monitoring list by Tuesday.The move's effect on businesses was unclear. The county was expecting some guidance from the state in that area later Tuesday.The county will be placed back on the list should it be flagged for exceeding any one of six different metrics for three consecutive days. Those metrics are the case rate, the percentage of positive tests, the average number of tests a county is able to perform daily, changes in the number of hospitalized patients and the percentage of ventilators and intensive care beds available.San Diego Mayor Kevin Faulconer announced Tuesday that the city would begin allowing gyms, fitness businesses and places of worship to operate in city parks beginning Monday."There is no city better than San Diego to take advantage of the fact that COVID-19 has a harder time spreading outdoors. Using parks as part of our pandemic relief response will help the mental health and physical health of thousands of San Diegans," Faulconer said.The county reported a rate of 89.9 positive cases per 100,000 people, along with 282 new positive cases Monday, raising the region's total to 34,960 cases. No new deaths were reported and the total number of deaths remains at 626."Once we come off the state monitoring list, we must keep the vigilance we've been showing," County Supervisor Nathan Fletcher said Monday. "This is not a finish line but a mid-point in a marathon."Last month, the county announced it was reformatting its testing priorities to focus more on vulnerable populations such as those over the age of 60, those with underlying medical conditions and first responders. It is unclear if the scope of the reported testing and rapidly declining case rates in the past several weeks were showing a true picture of the pandemic's spread, particularly as community outbreaks continue to be the only county metric still flagged as "abnormal."County health officials reported two new community outbreaks Monday, bringing the number of outbreaks in the past week to 21 tied to 96 cases. The latest outbreaks were reported in a grocery store and a grocery/retail setting, according to the county Health and Human Services Agency. The county continues to keep the names and locations of businesses with outbreaks secret.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days. The county has recorded 48 community outbreaks tied to 250 cases of the illness in the month of August.Meawnhile, as a record-setting heat wave continued to roast Southern California, Supervisor Greg Cox reminded residents Monday that socially distanced county "cool zones" would be available at least through the duration of a weather advisory -- which expires at 10 p.m. Thursday. People visiting cool zones are required to wear masks when inside, and county staff will take temperatures at the door. A map of the cool zones can be found at Coolzones.org.Of the 6,377 tests reported Monday, 4% returned positive, maintaining the 14-day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,890 daily.Of the total positive cases in the county, 2,868 -- or 8.2% -- have required hospitalization since the pandemic began, and 716 -- or 2% -- were admitted to an intensive care unit. Just 271 people are hospitalized from COVID- 19 in San Diego County, and 97 are in intensive care, a dramatic drop-off from even a week ago.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 62% of all hospitalizations and 45.7% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population. 4425

SAN DIEGO (CNS) - San Diego County will remain in the red tier of the state's four-tier COVID-19 reopening plan for at least another week, the California Department of Public Health confirmed Tuesday.The county's state-calculated, adjusted case rate is 6.8 daily infections per 100,000 residents, up from 6.7 the previous week. The unadjusted case rate was 7.2, up from 7 last Tuesday. The adjusted rate is due to San Diego County's high volume of tests, but still leaves the county on the precipice of the state's most restrictive tier -- purple.The testing positivity percentage is 3%, considerably less than last week, and that number would qualify for the third -- or orange -- tier.To remain in the red tier, the county must continue to have an adjusted case rate of less than 7.0 per 100,000 residents and a testing positivity percentage of less than 5%.A new metric the state released Tuesday is the health equity metric, which finds the positivity rate of the county's least healthy quartile. San Diego County's health equity is 5.7%, almost double the county's average positive testing percentage.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by U.S. Census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City.According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier. Wooten said that complicated metric will be explained this week when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.The metric will be used to determine how quickly a county may advance through the reopening plan, San Diego County Public Health Officer Dr. Wilma Wooten said last Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.To advance to the orange tier, the county would need to report a metric of less than 5.3%.The California Department of Public Health will update the county's data next Tuesday, Oct. 20.County public health officials reported 195 new COVID-19 infections on Monday, raising the total to 50,746 cases. The number of deaths in the region from the illness remains at 826.Of the 7,573 tests reported Monday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,424.Of the total number of cases in the county, 3,692 -- or 7.3% -- have required hospitalization and 854 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.One new community outbreak was reported Monday in a restaurant/bar setting. In the past seven days, 46 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. 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.Over the weekend, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom. Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state. 3892

SAN DIEGO (CNS) - The name of the 46-year-old Ramona resident killed in a predawn shooting in his hometown was released by authorities today.A resident of the 600 block of Pine Street in the rural community southeast of Escondido heard a gunshot and found Mario Velazquez Cardoso mortally wounded in front of a neighboring home about 5:45 a.m. Thursday, according to sheriff's officials.Paramedics took Cardoso to a hospital, where he was pronounced dead.An arrest has not been made in the killing, sheriff's Lt. Thomas Seiver said. 540

SAN DIEGO (CNS) - The San Diego Blood Bank reached out to the public Tuesday asking for blood donations amid the coronavirus pandemic.The fast-spreading respiratory illness has resulted in school closures and work-from-home policies throughout San Diego County, forcing the bank to cancel blood drives.The San Diego Blood Bank collects more than half of its blood supply on bloodmobiles stationed at these blood drives, according to the company.RELATED: Red Cross pleads for blood donations amid severe shortage due to COVID-19 cancellations"The U.S. is on the verge of a serious blood shortage that will lead to blood rationing and triage," said David Wellis, CEO of San Diego Blood Bank. "We need healthy people to come out to donate immediately. Supplies are dropping to critical levels."Individuals are not at risk of contracting the coronavirus from donating blood, and the virus poses no known risk to patients receiving transfusions, officials said."It's safe to donate blood," said Admiral Brett Giroir, Assistant Secretary of Health. "Part of preparedness includes a robust blood supply."RELATED: San Diego to legally enforce new public health orders over coronavirusAs a safety precaution, San Diego Blood Bank is currently deferring people who have traveled to areas with World Health Organization level 3 travel notices (China, Italy, Iran, South Korea, France and Spain, among others) for 28 days from their date of departure from the outbreak area. If donors have been exposed to or treated for coronavirus, they are also deferred for 28 days. People experiencing coronavirus symptoms, including fever, cough and shortness of breath, should not attempt to donate."It's important to note that blood collection activities are not `mass gatherings,' rather they are controlled blood drives conducted using appropriate infection control mechanisms intended to assure the safety of the products, donors and staff," said Doug Morton, COO of San Diego Blood Bank. "San Diego Blood Bank is highly regulated and is following best practices, such as properly cleaning surfaces between donation."The blood bank encourages all healthy individuals to donate blood. To be eligible to donate blood, you must be at least 17 years old, weigh at least 114 pounds, and be in general good health. To make an appointment, visit www.sandiegobloodbank.org or call 619-400-8251. 2376