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SAN DIEGO (KGTV) - A preliminary hearing was held Monday for a parolee accused of sexually assaulting an 88-year-old woman at a Hillcrest nursing home. Police say 49-year-old Lusean Arline was arrested November 4th in connection with the alleged October 27th sexual assault at the Balboa Nursing & Rehab Center on Fourth Ave.Prosecutors say Arline entered the nursing home, possibly through an unlocked door, around 3 that morning and was found completely nude on top of the victim in her bed. RELATED COVERAGE: Parolee charged in rape of 88-year-old woman at Hillcrest nursing home / 88-year-old woman sexually assaulted at Hillcrest nursing homeStaff heard the victim and her roommates screaming and entered the room, prompting Arline to flee the scene, the prosecutor said.Nurses testified about the night of the attack at Arline's hearing.The victim, who suffers from memory decline, suffered a fractured arm in the attack. 939

SAN DIEGO (KGTV) — A San Diego judge says police departments must release records related to officer misconduct.The decision comes after local media groups, including 10News, sued to keep some police unions from blocking departments from following a groundbreaking new law in California.“This court finds that Senate Bill 1421 applies retroactively, to all, keyword, all personnel records of peace officers not only now but prior to January 1, 2019,” said San Diego County Superior Court Judge Eddie Sturgeon.Senate Bill 1421 requires departments to release records of officer-involved shootings and major uses of force, officer dishonesty and confirmed cases of sexual assault to the public.Several police associations in San Diego County sued to block the release of records, arguing Senate Bill 1421 doesn’t contain any express provision or language requiring retro-activity or any clear indication that the legislature intended the statue to operate retroactively. They claimed the bill eliminates the longstanding statutory confidentiality of specified peace officer or custodial officer personnel records.“These records have been under seal for 45 years, and when you have that kind of duration, and decisions are made for that long than it is going to create substantial disruption when the law changes, and all of a sudden these things have been under seal for four and half decades are available for public perusal,” said Richard Pinckard, attorney for the unions.An attorney for the ACLU argued they intervened in the case to defend the public right to know saying the law was designed to be retroactive.“These are fundamental matters that the public has a right to know,” said David Loy, attorney for the ACLU of San Diego & Imperial Counties. “To restore public trust the public has to have the right to know and observe what the officers have done and what the agencies have said about it.”The Judge ruled no records could be released before March 29. He’s giving the unions time to appeal if they want. 2028

SAN DIEGO (KGTV) -- A new collective in the the north county is dedicated to Black-owned business. The recently opened store was started by the organization "Encintias4Equality" and features more than a dozen local retailers. The boutique is located at 414 Coast Highway 101 and open everyday except Monday and Friday from 11 a.m. - 4 p.m.For more information on click here. 383

SAN DIEGO (KGTV) -- A San Diego judge has ruled that demolition of the historic California Theatre would violate environmental law.The theatre, which was built in 1926, was the largest vaudeville and movie palace in San Diego.City Council approved the demolition of the theatre in 2017. The proposed demolition, however, required an environmental impact report.RELATED: San Diego approves replacement for dilapidated California Theatre?The legal challenge to the approval, filed by the Save Our Heritage Organization, said the city failed to adequately address the ability to adapt and reuse the California Theatre.The court granted SOHO’s legal petition because the review failed to comply with the California Environmental Quality Act.The demolition approved by the city would have allowed a 40-story skyscraper to be built that would have included 282 residential units."The California Theatre is an outstanding historic building that has been standing for almost 100 years, it presents many opportunities for successful adaptive reuse to revitalize the C Street corridor. When the City's EIR failed to study alternatives to demolition, we put our faith in the Court to enforce CEQA. We are grateful for the Court's comprehensive enforcement of environmental law and look forward to review of an alternative in an EIR that will allow this historic building to survive as part of a successful new project. We know it can be done,” said SOHO’s Executive Director, Bruce Coons. 1485

SAN DIEGO (KGTV) - A judge decided Friday to place a sexually violent predator in the East County community of Boulevard. Michael Joseph Martinez, 64 has multiple previous convictions including child molestation and lewd and lascivious acts upon a child under 14, according to County Supervisor Dianne Jacob’s office.The judge added Friday that the sheriff’s department will be extra vigilant and security will be heightened.The judge decided to place Martinez at the Department of State Hospitals recommended location of 2135 McCain Valley Road. The schools closest to the address include Clover Flats Elementary School and Jacumba Elementary School, according to the San Diego County Sheriff's Department.A mother of one of the victims from 25 years ago spoke at the hearing saying, “I know that you can’t change the order and I’m glad that there’s going to be very strict ordering, but I hope this doesn’t happen to another child or family.”RELATED: Dianne Jacob slams proposed placement of predatorJacob said the placement would put public safety at risk. She adds that several sexually violent predators have been placed in East County in recent years and in some cases, the convicts ended up violating the conditions of their placement.In a letter to Judge David M. Gill, Jacob recommended that Martinez be placed in a state mental hospital or, if necessary, released to a trailer next to Donovan State Prison in Otay Mesa.Jacob represents San Diego County’s District 2, covering most of the eastern two-thirds of the county.San Diego County is home to approximately 4,000 registered sex offenders. About half of them have committed crimes against children. 10 percent are homeless, according to the District Attorney’s office.You can get information about sex offender who may be living near you through the Megan’s Law website.San Diego County residents can also receive alerts about sex offenders who move into their area here. 1964

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