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SAN DIEGO (AP) — A San Diego military court hearing has been postponed in the case of a Navy SEAL accused of killing an Islamic State prisoner in Iraq. The defense had been expected to seek dismissal of the case Wednesday but instead asked for a continuance, which the judge granted. 292

SAN DIEGO (CNS) - A former executive for an Orange County genetics company pleaded guilty today to a federal conspiracy charge for paying kickbacks to physicians.Donald Joseph Matthews, 50, formerly the vice president of market development for Proove Biosciences, admitted in San Diego federal court to paying doctors at least .5 million to order the company's DNA tests for their patients, according to the U.S. Attorney's Office.In total, the U.S. Attorney's Office said Proove billed around million to the Medicare program for the tests -- which the company alleged could determine a patient's risk of drug addiction -- and received around million in reimbursements.Prosecutors said the company claimed the payments were compensation for participation in a clinical research program, but the money was actually "directly tied to the volume of tests that a doctor ordered and whether a doctor continued to order more tests from Proove over time.''In his plea agreement, Matthews admitted that without the financial compensation, ``most doctors were not interested in ordering Proove's tests for their patients.''Doctors who complained about not being paid were told to order more tests, according to the U.S. Attorney's Office.The company's Irvine headquarters was raided by federal authorities in 2017.``Our nation's healthcare system cannot tolerate kickbacks to physicians while criminals line their pockets with taxpayer-funded healthcare dollars, particularly in light of our nation's current struggles with the COVID- 19 pandemic,'' said Acting Special Agent in Charge Omer Meisel of the FBI's San Diego Division.Matthews is scheduled to be sentenced Oct. 26. He faces a maximum penalty of five years in prison and a 0,000 fine, according to the U.S. Attorney's Office. 1798

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO — It appears the Congressional seat vacated by Republican Duncan Hunter will remain in Republican hands, according a new scientific poll.The ABC-10 Union-Tribune scientific poll shows Republican Darrell Issa leading Democrat Ammar Campa-Najjar 51 percent to 40 percent, with 9 percent undecided. The poll, released Tuesday, has a margin of error of 5.7 points. It comes after the two prior polls showed the candidates in a virtual tie for the 50th Congressional District, which comprises most of East County and stretches into southern Riverside County. The shift came because independents moved to support Issa. Last month, the poll showed Campa-Najjar leading Issa in independents by 13 points. Tuesday's poll showed a major swing, with Issa leading among independents by 14 points. That's a 27-point swing. "In the end, independents in red-leaning area tend to be more red leaning, vice versa for blue-leaning areas, and so it's not surprising that Darrell Issa, as we get closer to the election, is bringing home these independents out in East County, San Diego," said Thad Kousser, political scientist at UC San Diego.The 50th District is the county's last in which Republicans outnumber Democrats in registration, giving Issa the advantage.In an interview Tuesday, Issa said he was traveling the district from Temecula to Jamul, meeting voters with social distancing. "I think my 18 years of support for pro-business, pro-50th type voting has allowed me to whether some pretty egregious claims of, somehow, corruptness and so on," he said. Campa-Najjar declined an interview Tuesday, but released this statement: “I’m inviting voters to reach me personally at 619-721-5148. The only poll that matters is on Election Day, and CA-50 voters have defied the odds time and time again. Darrell Issa is trying to buy and lie his way back to Congress. But CA-50 voters know me, I’ve spent the last four years listening to their needs. And I know that in one week, voters will show the world what I’ve seen over the past four years.”In response to that statement, Issa said, "It's a statement of somebody who is way behind in the polls, not likely to win, and somebody who spent more money and went negative claiming that, somehow, I was unfit from day one."SurveyUSA polled 538 likely voters in the district from Oct. 22 to Oct. 26. 2348

SALT LAKE CITY, Utah -- A Salt Lake City K-9 officer has been charged with aggravated assault in connection with an April 24 incident.Officer Nickolas John Pearce, 39, responded to a report of domestic violence that day. Pearce is accused of commanding his K-9, Tuco, to bite Jeffery Ryans, even though Ryans was on his knees and had his hands in the air."When K-9 Tuco engaged and was biting Ryans, [Pearce] continually praised and encouraged K-9 Tuco," a probable cause statement said. "While he was being attacked by K-9 Tuco, Ryans expressed extreme emotions reflective of pain from being bitten by K-9 Tuco and plead with the officers to stop the biting. He questioned why he was being attacked when he was not resisting."Ryans suffered large lacerations and required hospitalization for his injuries. After receiving treatment for his injuries, Ryans was booked into the Salt Lake County Metro Jail on a charge of violating a protective order.In an interview with KSTU on Wednesday, Salt Lake County District Attorney Sim Gill said they looked to see if the force used was reasonable."And in this case, the conclusion of our attorneys when we reviewed the body cam video, we looked at the reports that were generated, and we could find no lawful reason to use that police dog in the fashion that it did and resulting in the injury caused on Mr. Ryans," Gill said.(Warning: the following body camera video contains graphic language and violence) 1458