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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 San Diego County Board of Supervisors today unanimously approved spending million in federal pandemic-related funding to help child care providers, testing in schools and meals for senior citizens.The board directed million to child care providers, who have been struggling to stay afloat since March, in the form of grants.The county will also spend .8 million on senior food programs -- including an expanded Great Plates program that involves prepared meals delivered to the elderly -- while also supporting participating restaurants.The board voted to spend million to support the county Department of Public Health's testing, tracing and treatment strategy dedicated for kindergarten through 12th-grade schools.Last month, the board directed the county's chief administrative officer to make recommendations on how to spend the money.To implement the child care grants, CAO Helen Robbins-Meyer will negotiate agreements with The San Diego Foundation, the YMCA of San Diego County and Child Development Associates, Inc.Supervisor Jim Desmond said while he has been critical of Great Plates program, based on the costs per meal, he understands it helps restaurants while also helping shut-in seniors who may not have any social interaction otherwise.Desmond added that if there's money left over from the program or school testing, it should go towards area food banks.In related actions following an update on county COVID-19 prevention efforts, the board approved Desmond's motion for a waiver to the school- closures mandate.The board also approved a separate motion allowing county enforcement of businesses -- in terms of complying with reopening requirements -- based on Phase 2 mandates. 1741

SAN DIEGO (CNS) - Poll watchers will be permitted to observe election activities at polling stations countywide on Nov. 3, though COVID-19 related restrictions will limit the number of people allowed inside polling places.Social distancing requirements mean only about one to two observers might be rotated in and out of the polling places at any given time this year, Assistant Registrar of Voters Cynthia Paes said Thursday.The number of polling places in San Diego County has been reduced from 1,548 in March to 235 larger polling places that will be open for four days and are each expected to be staffed by about 15 county employees, Paes said.The role of poll watchers has garnered increased attention as part of the national discussion on voter fraud and voter intimidation sparked most recently by President Donald Trump's call at Tuesday's presidential debate for his supporters to monitor polling places on Election Day.Trump, who has frequently raised the specter of voter fraud and publicly expressed doubts over the security of mail-in voting, urged supporters Tuesday to "go into the polls and watch very carefully because that's what has to happen."Tony Krvaric, chair of the San Diego County Republican Party, said recruiting poll watchers is a typical practice, intended to ensure votes are cast and note any irregularities in the voting process."We always recruit for poll watchers and have done so for as long as I can remember," Krvaric told City News Service."Poll watchers help make sure Republicans who haven't voted are contacted and reminded to do so and keep an eye out for any irregularities. This is nothing new. Democrats presumably do the same."Krvaric said any such instances of irregularities are reported to local officials or the Registrar of Voters."Any voter irregularities could dilute legitimate votes cast," he said.Will Rodriguez-Kennedy, chair of the San Diego County Democratic Party, said he was confident in the San Diego County Registrar of Voters' ability to ensure a fair election process, saying there are "a number of processes (conducted) to verify a vote."Regarding Trump's allegations of voter fraud related to mail-in voting, Rodriguez-Kennedy called Trump's assertions "a falsehood," based largely in myth.Rodriguez-Kennedy told City News Service "mail ballot voting is safe and secure" and said its presence this election will increase overall voter turnout, something he said represented "a problem for this president."Of Trump's statements at the debate, he said his "intent is to sow discontent because he fears he is losing." 2592
SAN DIEGO (CNS) - The city of Santee called on residents today to help it develop a brand to market the city to tourists, businesses and potential residents.Santee recently partnered with North Star Destination Strategies to develop a marketing brand for the city. To that end, the marketing agency launched an online survey for Santee residents to give feedback on the city's strengths, weaknesses and challenges. Responses to the survey are anonymous, according to North Star Destination Strategies."We have partnered with more than 250 communities across North American and I can't emphasize enough the importance of insights gleaned from community members," North Star Founder Don McEachern said.Residents can access the survey at the city's website and submit it electronically. The survey is also available in physical form at Santee City Hall. The surveys must be submitted by Sept. 2 to be considered."It is important for us to celebrate what we love about our community and share it with others," Santee Mayor John Minto said. "The future is bright in Santee; I sure hope you can see it because I can." 1119
SAN DIEGO (CNS) - One of nine servicemembers killed last month when an amphibious assault vehicle sank in the ocean near San Clemente Island was laid to rest Friday at Miramar National Cemetery.Lance Cpl. Chase D. Sweetwood, 18, was among those killed in the July 30 maritime training mission when the vehicle they were in took on water and sank.Family members say the Portland resident was born in San Diego and grew up in Chula Vista, and died one day before his 19th birthday.Sweetwood was honored during a Friday morning funeral that included military honors and a procession from the Patriot Guard Riders.Eight Camp Pendleton-based Marines, including Sweetwood, and a Navy sailor died in the mishap. Seven other members of the crew survived.Their remains were recovered after a two-day search, then flown earlier this month to Dover Air Base in Delaware for preparation for burial, with Sweetwood returned to San Diego on Thursday.A GoFundMe page created by Sweetwood's aunt Niki Stockdale, which has nearly quadrupled its ,000 goal, can be viewed at https://www.gofundme.com/f/funeral-and-travel-fees-for-tiana-sweetwood.The amphibious troop-transport vehicle was en route to a waiting ship during a maritime training mission about 80 miles west of Encinitas when it foundered for unknown reasons about 5:45 p.m. July 30, according to Lt. Gen. Joseph Osterman, commanding general of the 1st Marine Expeditionary Force.The 26-ton vessel went down roughly 1,600 yards from a beach on the northwest side of the island in water nearly 400 feet deep.Also killed in the incident were:-- Pfc. Bryan J. Baltierra, 18, of Corona-- Lance Cpl. Marco A. Barranco, 21, of Montebello-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman 3rd class-- Pfc. Jack-Ryan Ostrovsky, 20, of Bend, Oregon-- Cpl. Wesley A. Rodd, 22, of Harris, Texas-- Cpl. Cesar A. Villanueva, 21, of Riverside-- Lance Cpl. Guillermo S. Perez, 19, of New Braunfels. 1998
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