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SAN DIEGO (KGTV) - Despite criticism, a spokesperson for the California Republican Party told ABC 10News on Tuesday that the party will continue placing unofficial ballot drop boxes around communities.They've popped up in Orange, Los Angeles, and Fresno counties, but so far none have been reported in San Diego. Several have been labeled "official", as confirmed by CA GOP spokesperson Hector Barajas. “We could've had better wording on the ballot boxes and so we changed some of the wording around already on the ballot boxes but the important thing to remember is that these ballot boxes are inside our campaign headquarters or inside of businesses or other organizations. It's not as though they're outside in front of a mailbox or outside a library or a secondhand store or another place of business,” he told ABC 10News.On Monday, California's Secretary of State and the State Attorney General sent a cease and desist to the GOP, calling the boxes illegal. Some argue that the boxes are deceptive and could lead to tampering. “These boxes are not the same as county election drop boxes that are required to meet state security standards,” said California Secretary of State Alex Padilla.Barajas told ABC 10News, “What is happening right now is the Secretary of State -- with this cease and desist -- is basically looking to engage in voter suppression [by] eliminating more options for individuals to be able to drop off their ballot.”Barajas said that "ballot harvesting" is a practice that allows a third party to collect voters' completed ballots and was legalized four years ago in a bill authored by San Diego Assemblymember Lorena Gonzalez.A tweet Tuesday from one of Gonzalez’s accounts reads, "Apparently, Republicans in our legislature think that when I wrote that a voter could designate a 'person' to turn in their ballot, they thought I meant a fraudulently labeled box. I'm terribly sorry. I will define person next time.”When asked how many boxes the GOP has placed around the state, Barajas responded, “We're not giving an exact number but we will say that we've got them statewide and with the amount of press we've gotten on this we're considering maybe even doubling or tripling our efforts.”The San Diego County Registrar of Voters reports it has already received 175,000 completed ballots. A spokesperson said Tuesday that any reports of unofficial ballot boxes would be referred to the Secretary of State. 2440
SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said. 3412

SAN DIEGO (KGTV) — Gov. Gavin Newsom has vetoed a bill that would have required the State Justice Department to verify hunting licenses with Fish and Wildlife before approving a firearm sale to a person under 21.The proposed legislation came after ABC 10News uncovered that suspected Poway Synagogue shooter John Earnest purchased the weapon used in the April 2019 attack with an invalid hunting license that went unchecked. Earnest was only 19 at the time he bought the assault-style weapon from San Diego Guns, when the state's age-limit was 21. The age limit, however, remained 18 for those who possessed a valid, state-issued hunting license. The Justice Department does not verify hunting licenses with Fish and Wildlife, instead leaving it to the gun shop to make the only determination. The governor said creating the verification system would require a 30-month information technology project and could disrupt other firearm technology systems in development under seven other bills. "I am concerned that adding an information technology project will impede DOJ's ability to perform the work it has already been tasked," Newsom said in a veto statement. In an interview Wednesday, State Sen. Anthony Portantino expressed shock and disappointment that Newsom vetoed the legislation. "It's a loophole that needs to be closed," he said. "You can't have a system that relies on the validity of a license not being checked to make sure that that license is actually valid. The whole goal is to keep guns out of the wrong hands. This shooter in Poway got a gun based on a faulty license."Portantino vowed to continue pushing for the change, either through the governor's budget in January or a new bill next year. When making the purchase, Earnest presented a state hunting license that was not valid until July 1, 2019, two months after the alleged attack. That technicality meant the sale should have been rejected, Portantino said. It was Portantino's law that raised California's purchase age limit to 21 but created the hunting-license exemption for those 18 and older. Portantino's bill, Senate Bill 914, would have required the Justice Department to verify hunting licenses with Fish and Wildlife before approving a firearm sale to someone under 21. The bill passed both houses of the state Legislature before failing on the governor's desk.Still, legislators and Newsom did act in the aftermath of the shooting, by eliminating the hunting-license exemption for semi-automatic, center fire weapons. It still exists, however, for other guns, including bolt-action rifles and semi-automatic rimfire weapons. Israel Dahan, whose daughter Noya was injured by shrapnel during the attack, declined to comment, citing ongoing litigation related to the shooting. He said, however, that Noya, now 10, will likely need another minor surgery. He said physically she is holding up okay, but is still dealing with the aftermath psychologically.Earnest allegedly carried out the shooting the day after he picked up the gun, killing one congregant and injuring three others, including a child.A worker who answered the phone at San Diego Guns declined to comment Wednesday. 3176
SAN DIEGO (KGTV) - Hundreds of protesters gathered in Balboa Park Monday evening, the third day of protests in the San Diego region. A large group began coalescing near the San Diego Police Department headquarters near Broadway and 13th St in the afternoon. As night fell, the group marched up Park Boulevard past San Diego City College and into Balboa Park. Law enforcement officers followed closely. Freeway on-ramps and off-ramp were blocked by CHP officers in tactical gear along the route, preventing protesters from accessing the freeways. After marching through the park, the group stopped near El Prado and Sixth Ave. Many in the group laid down on their stomachs with their arms behind their backs, chanting “I can’t breathe,” in honor of George Floyd, the unarmed black man killed in police custody in Minnesota on May 25, 2020. Afterwards, they held a moment of silence for those killed at the hands of police. Many demonstrators dispersed after, though a group began forming again outside SDPD headquarters. At 10:25, SDPD tweeted that “bottles, fireworks and other objects” were being thrown at officers near their headquarters. Several minutes later, police declared the protest an unlawful assembly and began clearing the area, tweeting, “those who remain or return against this lawful order may be cited/arrested and risk exposure to chemical agents & less-lethal force applications.” As of 11 p.m. SDPD had announced they made one arrest for vandalism. 1481
SAN DIEGO (KGTV) — Health officials issued two new public health orders Monday addressing cruise ships arriving in San Diego during the coronavirus pandemic.The orders are meant to give the county more legal framework in how the Port of San Diego interacts with ships and the cruise industry, Dr. Eric McDonald, the county's medical director of epidemiology, said.RELATED: San Diego gyms ordered to close in new coronavirus health orderThe new orders include:"No passenger or employee may disembark a cruise ship in San Diego harbor without the approval of the health officer or designee if any person on the cruise ship has tested positive for COVID-19. Any cruise ship that is permitted to dock in San Diego harbor shall notify the health officer or designee regarding any emergency medical treatment required for passenger/employee and follow all directives from the health officer or designee.No cruise ship in San Diego harbor may dock or disembark employees or passengers after March 31, 2020. However, upon approval of the health officer, a cruise ship may dock solely for the purposes of receiving fuel and provisions, so long as no employee or passenger disembarks. Cruise ships docked in San Diego harbor shall notify the health officer or designee regarding any emergency medical treatment for a passenger/employee and shall follow all directives of the health officer or designee.""I know there have been questions about ships that have come before and I can say that the individuals who have all departed these ships in the past to-date and tomorrow all have been screened, have no symptoms, and have no fever, and are leaving to go to their homes of record to complete 14-days of CDC recommended quarantine," McDonald said. "The best place for those individuals to complete quarantine is at home."RELATED: Grand Princess cruise passengers complete two week quarantine at MCAS MiramarMcDonald said 17 San Diegans who were on the Celebrity Eclipse, which arrived Monday, will complete their quarantine locally. The other passengers will travel home for their quarantines.The only ship that has had positive coronavirus cases is the Disney Wonder, which arrived in San Diego nearly two weeks ago. One passenger and one crew member who each tested positive are currently hospitalized, McDonald said. There are also two pending cases related to the ship and was one emergency evacuation from the ship.As of Sunday, San Diego County had reported 519 coronavirus cases and seven deaths due to the virus. 2518
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