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SAN DIEGO (CNS) - The California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - San Diego County and the rest of Southern California will fall under sweeping new health restrictions Sunday evening due to the rapidly increasing number of hospitalizations from the coronavirus, state officials said.A state-mandated "regional stay-at-home" order goes into effect at 11:59 p.m. Sunday evening, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 19% of its ICU beds available as of Sunday.On Saturday, the county reported 30 new hospitalizations, bringing the total to 4,836. Four more patients were placed in intensive care, bringing the total to 1,065.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.San Diego County reported 1,703 new cases of COVID-19 and seven additional deaths Sunday.That brings the total number of cases to 92,171 and 1,062 total deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."San Diego's outgoing Mayor Kevin Faulconer tweeted, "Our small businesses aren't being treated fairly. Restaurants made good faith efforts to comply with COVID rules. Now the rules are changing once again. If the Governor shuts restaurants down, it's only right the state compensates them for the costs incurred moving outdoors."Supervisor Jim Desmond attacked Newsom's approach."This 'regional' approach is absurd," Desmond said in a statement. "We are being lumped into the `Southern California' region with jurisdictions as far as San Luis Obispo and Mono County. And, San Diego County is at 23% capacity, well above the 15% requirement."If you count our available overflow ICU beds then we are at 36% capacity. I was hopeful when the governor announced he was focusing on ICU and hospital capacity, however, he's missed the mark, once again. The governor and state did not consult with San Diego County and unilaterally implemented a regional approach that unfairly puts people out of work. Again, San Diego did not have an opportunity to review and provide input and did not agree to this system."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds;-- indoor recreational facilities;-- hair salons and barbershops;-- personal care services;-- museums, zoos, and aquariums;-- movie theaters;-- wineries;-- bars, breweries and distilleries;-- family entertainment centers;-- cardrooms and satellite wagering;-- limited services;-- live audience sports; and-- amusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley will join the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read online here. 5023

SAN DIEGO (CNS) - Police Thursday were searching for a suspect who carjacked a 56-year-old man while he was listening to music in a City Heights parking lot.It happened around 9:35 p.m. Wednesday in a parking lot near the intersection of Euclid and University avenues, San Diego police Officer Robert Heims said.The victim was listening to music in his red 2013 Nissan Versa sedan when a man walked up to the car, lifted his shirt up and showed that he had a gun in his waistband, Heims said. The suspect then told the 56-year-old man to get out of the car, and the victim complied.The suspect got into the Nissan, which had California license plate 7EKT818, and drove off southbound on Euclid Avenue, the officer said.The suspect was described as a 5-foot-11 Hispanic man in his early 20s who weighed between 150 and 180 pounds. He had a thin mustache and was last seen wearing a white shirt and a blue baseball hat.Anyone with information on the suspect or the whereabouts of the car is asked to call SDPD's robbery division at 619-531-2299. 1051

SAN DIEGO (CNS) - The parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced Monday.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force."Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically," Stephan said. "This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed."The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must:-- clearly and conspicuously disclose the renewal terms;-- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions;-- send a clear summary of the renewal terms after consumers pay; and-- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online "subscriptions" and other automatically recurring charges have proliferated in the United States in recent years. Some renewals come after "free trials," where consumers need to cancel in time to avoid the charges.Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their "express, affirmative consent" before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2286

SAN DIEGO (CNS) - Testimony wrapped up Wednesday in the murder trial of two men accused in the stabbing death of a Chula Vista music producer whose body was found in a drum floating in San Diego Bay.Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of his housemate Omar Medina, 28. Co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was found 12 days later inside the 55-gallon barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks.Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head.RELATED: Man whose body was found in a barrel had been stabbed 66 timesAttorneys will make closing arguments Monday morning at the downtown San Diego courthouse.Deputy District Attorney Cherie Somerville told jurors that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista.In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor.RELATED: Opening statements made in murder trial involving body found in barrelSommerville also noted in her opening statement that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit.Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle.During that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDefense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina.The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home.Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house.RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it.Surveillance footage allegedly captured the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage.She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property.Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent.Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge that he was assisting Cook in disposing a body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4095

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