courthousenews--2020-10-19--Case of LAPD Shooting at Fitness Club Likely Headed to Trial

LOS ANGELES ( CN ) — A federal judge indicated Monday she ’ s likely to advance a wrongful death lawsuit filed against a Los Angeles Police Department officer , saying a jury should determine whether police were justified in killing a Black man who attorneys say was unarmed and posing no threat to anyone .
Police entered a 24 Hour Fitness in Hollywood on the morning of Oct. 29 , 2018 , after reports of a man causing a disturbance inside the gym .
Once inside , LAPD officers Edward Agdeppa and Perla Rodriguez found Albert Ramon Dorsey standing @ @ @ @ @ @ @ himself off .
The facts surrounding the subsequent events that resulted in the fatal police shooting of Dorsey are heavily disputed .
Paulette Smith , Dorsey ’ s mother , said in her 2019 lawsuit against the city of LA and Agdeppa that officers began assaulting and battering Dorsey immediately after attempting to unjustifiably detain him .
Dorsey was unarmed and posed no threat that would justify Agdeppa firing the bullets that killed Dorsey , according to the lawsuit , which sought funeral and burial expenses and punitive damages determined by a jury @ @ @ @ @ @ @ ’ s attorneys filed for summary judgment , arguing that Smith ’ s claims were precluded as a matter of law because Dorsey assaulted gym employees and fought with police after refusing their verbal commands to leave the gym .
Dorsey pinned officer Rodriguez to the ground and struck her multiple times , forcing Agdeppa to use “ lethal force in an effort to save his partner ’ s life , ” attorneys said in the summary judgment motion .
“ While the taking of a life is never preferred , there are @ @ @ @ @ @ @ to protect the lives of others — this is such a situation , ” the motion said .
The LA Police Commission , an appointed civilian oversight panel , determined in September 2019 that the shooting violated LAPD policy .
The finding contradicted the assessment of the case by LA Police Chief Michel Moore .
Commissioners said the officers should have deescalated the situation or not have confronted Dorsey on their own to begin with .
Despite the commission ’ s finding , a July report by LA County District Attorney Jackie Lacey @ @ @ @ @ @ @ and that the shooting was in self-defense .
Lacey ’ s report noted Agdeppa suffered a concussion and a laceration to the bridge of his nose and that Rodriguez had swelling on the left side of her face .
Dorsey was found with Rodriguez ’ s Taser in his left hand and a handcuff on his right wrist , the report said .
In a telephonic hearing Monday , U.S. District Judge Christina A. Snyder heard arguments on whether the facts established so far entitle Agdeppa and the city of LA to judgment @ @ @ @ @ @ @ Agdeppa ’ s motion would strip a jury of its role in determining judgment in the case .
Snyder said she ’ s inclined to deny summary judgment because the facts presented so far fail to establish a clear justification for Agdeppa ’ s use of deadly force .
“ What we have is an officer who says lethal force was justified by the circumstances and a victim who is dead who can ’ t dispute it , ” Snyder said in the hearing .
“ I have to work with the circumstantial @ @ @ @ @ @ @ ruling was not publicly available at press time .
Agdeppa ’ s attorney Kevin Gilbert of Orbach Huff Suarez told Snyder she failed to grasp the undisputed fact that both officers were assaulted by Dorsey and feared for their lives .
“ The tentative appeared to focus on factual disputes , whether the officers incurred injuries and whether or not verbal warnings were given , ” Gilbert said .
“ But neither precludes qualified immunity.
” Gilbert opposed Snyder ’ s determination that a question of fact remains regarding the concussion Agdeppa suffered @ @ @ @ @ @ @ that fact was ever disputed , ” Gilbert said .
“ The only other person who was there is dead , ” Snyder said , referring to an account of the event that Dorsey can no longer offer .
“ How do you dispute that ?
” Gilbert asked Snyder to review the Ninth Circuit ’ s ruling in Isayeva v. Sacramento Sheriff ’ s Department , which held that an officer lawfully used deadly force and was entitled to qualified immunity after failing to subdue someone and losing in hand-to-hand combat .
@ @ @ @ @ @ @ Snyder summary judgment for the officers can ’ t be granted at this stage when the evidence presented so far leans so heavily on the officers ’ account .
Granting the motion would also set a dangerous precedent , Dunn said .
“ That ’ s not enough for an objectively reasonable use of force , ” said Dunn , with the Cochran Firm .
“ If that logic were followed , anytime any scuffle occurred , and if an officer could prove he had a scratch , he could use lethal force.
@ @ @ @ @ @ @ ’ t even have enough information to arrest Dorsey and should have engaged in typical police work instead , including interviewing him and other people involved , Dunn said in court papers .
Dunn also said the officers ’ body-worn camera footage shows no active resistance from Dorsey during the attempted arrest and that post-shooting photos of Agdeppa and Rodriguez show no injuries to their faces .
Further , a jury should examine the point in Agdeppa ’ s deposition where he admits his CAT scan did not reveal any evidence of a @ @ @ @ @ @ @ If there are competing interpretations of the facts , that doesn ’ t mean counsel for opponents decides which interpretation is controlling , ” Dunn told Snyder .
“ The fact that we have these unanswered questions is precisely why we should have this case go to a jury.
” Gilbert told Snyder the fact that Agdeppa incurred a concussion was undisputed .
Snyder took the motion under submission and said she will issue a final ruling in the next week .
Neither Gilbert nor Dunn responded to requests for comment on the @ @ @ @ @ @ @ has been a constant presence at LA Police Commission meetings and Dorsey ’ s name has echoed loudly at the weekly protests outside Lacey ’ s office that are organized by Black Lives Matter LA .
A spokesperson for Dorsey ’ s family did not immediately comment on Monday ’ s ruling .

A federal judge indicated Monday she’s likely to advance a wrongful death lawsuit filed against a Los Angeles Police Department officer, saying a jury should determine whether police were justified in killing a Black man who attorneys say was unarmed and posing no threat to anyone.
LOS ANGELES (CN) — A federal judge indicated Monday she’s likely to advance a wrongful death lawsuit filed against a Los Angeles Police Department officer, saying a jury should determine whether police were justified in killing a Black man who attorneys say was unarmed and posing no threat to anyone.
Police entered a 24 Hour Fitness in Hollywood on the morning of Oct. 29, 2018, after reports of a man causing a disturbance inside the gym.
Once inside, LAPD officers Edward Agdeppa and Perla Rodriguez found Albert Ramon Dorsey standing naked in the locker room and drying himself off.
The facts surrounding the subsequent events that resulted in the fatal police shooting of Dorsey are heavily disputed.
Paulette Smith, Dorsey’s mother, said in her 2019 lawsuit against the city of LA and Agdeppa that officers began assaulting and battering Dorsey immediately after attempting to unjustifiably detain him.
Dorsey was unarmed and posed no threat that would justify Agdeppa firing the bullets that killed Dorsey, according to the lawsuit, which sought funeral and burial expenses and punitive damages determined by a jury.
Responding to the lawsuit, Agdeppa’s attorneys filed for summary judgment, arguing that Smith’s claims were precluded as a matter of law because Dorsey assaulted gym employees and fought with police after refusing their verbal commands to leave the gym.
Dorsey pinned officer Rodriguez to the ground and struck her multiple times, forcing Agdeppa to use “lethal force in an effort to save his partner’s life,” attorneys said in the summary judgment motion.
“While the taking of a life is never preferred, there are circumstances where such drastic measures are necessary to protect the lives of others — this is such a situation,” the motion said.
The LA Police Commission, an appointed civilian oversight panel, determined in September 2019 that the shooting violated LAPD policy. The finding contradicted the assessment of the case by LA Police Chief Michel Moore.
Commissioners said the officers should have deescalated the situation or not have confronted Dorsey on their own to begin with.
Despite the commission’s finding, a July report by LA County District Attorney Jackie Lacey determined Agdeppa’s actions were lawful and that the shooting was in self-defense.
Lacey’s report noted Agdeppa suffered a concussion and a laceration to the bridge of his nose and that Rodriguez had swelling on the left side of her face.
Dorsey was found with Rodriguez’s Taser in his left hand and a handcuff on his right wrist, the report said.
In a telephonic hearing Monday, U.S. District Judge Christina A. Snyder heard arguments on whether the facts established so far entitle Agdeppa and the city of LA to judgment as a matter of law. Granting Agdeppa’s motion would strip a jury of its role in determining judgment in the case.
Snyder said she’s inclined to deny summary judgment because the facts presented so far fail to establish a clear justification for Agdeppa’s use of deadly force.
“What we have is an officer who says lethal force was justified by the circumstances and a victim who is dead who can't dispute it,” Snyder said in the hearing. “I have to work with the circumstantial evidence that is offered.”
The tentative ruling was not publicly available at press time.
Agdeppa’s attorney Kevin Gilbert of Orbach Huff Suarez told Snyder she failed to grasp the undisputed fact that both officers were assaulted by Dorsey and feared for their lives.
“The tentative appeared to focus on factual disputes, whether the officers incurred injuries and whether or not verbal warnings were given,” Gilbert said. “But neither precludes qualified immunity.”
Gilbert opposed Snyder’s determination that a question of fact remains regarding the concussion Agdeppa suffered.
“I don’t believe that fact was ever disputed,” Gilbert said.
“The only other person who was there is dead,” Snyder said, referring to an account of the event that Dorsey can no longer offer. “How do you dispute that?”
Gilbert asked Snyder to review the Ninth Circuit’s ruling in Isayeva v. Sacramento Sheriff’s Department, which held that an officer lawfully used deadly force and was entitled to qualified immunity after failing to subdue someone and losing in hand-to-hand combat.
Smith’s attorney Brian Dunn told Snyder summary judgment for the officers can’t be granted at this stage when the evidence presented so far leans so heavily on the officers’ account.
Granting the motion would also set a dangerous precedent, Dunn said.
“That's not enough for an objectively reasonable use of force,” said Dunn, with the Cochran Firm. “If that logic were followed, anytime any scuffle occurred, and if an officer could prove he had a scratch, he could use lethal force.”
Before the shooting, officers didn’t even have enough information to arrest Dorsey and should have engaged in typical police work instead, including interviewing him and other people involved, Dunn said in court papers.
Dunn also said the officers’ body-worn camera footage shows no active resistance from Dorsey during the attempted arrest and that post-shooting photos of Agdeppa and Rodriguez show no injuries to their faces.
Further, a jury should examine the point in Agdeppa’s deposition where he admits his CAT scan did not reveal any evidence of a concussion, Dunn told Snyder.
“If there are competing interpretations of the facts, that doesn't mean counsel for opponents decides which interpretation is controlling,” Dunn told Snyder. “The fact that we have these unanswered questions is precisely why we should have this case go to a jury.”
Gilbert told Snyder the fact that Agdeppa incurred a concussion was undisputed.
Snyder took the motion under submission and said she will issue a final ruling in the next week.
Neither Gilbert nor Dunn responded to requests for comment on the tentative ruling.
Dorsey’s family has been a constant presence at LA Police Commission meetings and Dorsey’s name has echoed loudly at the weekly protests outside Lacey’s office that are organized by Black Lives Matter LA.
A spokesperson for Dorsey’s family did not immediately comment on Monday’s ruling.


Mascot Mayhem

AUSTIN , Texas — A photojournalist who was injured at the Sugar Bowl in 2019 by the University of Texas @ @ @ @ @ the longhorn ’ s owners and handlers for gross negligence .
The steer rammed its @ @ @ @ @ s back , permanently injuring his neck and back .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Reproductive Toxicant

SACRAMENTO , Calif. — California ’ s Office of Environmental Health Hazard Assessment did not abuse its discretion by listing @ @ @ @ @ toxicant , an appeals court in the state ruled .
The chemical is used to @ @ @ @ @ .


Gun Storage

SEATTLE — An appeals court in Washington revived a challenge to a Seattle ordinance that regulates the storage of firearms @ @ @ @ @ secured in a locked container .
The plaintiffs , two gun owners and two gun @ @ @ @ @ their challenge under the Uniform Declaratory Judgment Act .


Ballot Signatures

NEW ORLEANS — The Fifth Circuit stayed a district court ’ s ruling that prohibited the rejection of Texas voters @ @ @ @ @ of a mismatched signature without first providing notice to the voter and a “ meaningful @ @ @ @ @ her ballot ’ s rejection .
”


Vulnerable Detainees

SAN DIEGO — A federal court in California denied federal defendants ’ request to decertify a subclass of medically vulnerable @ @ @ @ @ Detention Facility in San Diego .
The case is not moot , because some of @ @ @ @ @ custody .


courthousenews--2020-10-20--Homeless Sue Minneapolis to Stop Encampment Sweeps

MINNEAPOLIS , Minn. ( CN ) — A group of unhoused people in Minneapolis are suing the city and several officials in an effort to stop police from evicting them from burgeoning encampments in city parks .
Five individual plaintiffs and a nonprofit focused on preventing homelessness in the city filed a class action complaint in federal court Monday , arguing that police sweeps of encampments in city parks violated their rights to privacy and property under the Fourth Amendment and to due process under the 14th Amendment .
The plaintiffs , represented by attorneys with the Mid-Minnesota Legal Aid @ @ @ @ @ @ @ city officials give inadequate or no notice of their plans to evict encampments of hundreds with pepper spray , tear gas and bulldozers , and residents of the encampments often have no safe place to go .
Homelessness has been a longstanding issue in Minneapolis , and officials warned in the early days of the Covid-19 pandemic that the virus would make the situation of homeless people there worse .
Riots in the city following the May 25 death of George Floyd also exacerbated the situation as hundreds of buildings were damaged or @ @ @ @ @ @ @ displaced residents occupied a disused hotel near the riots ’ epicenter on Lake Street .
Mounting damages and safety concerns pushed the hotel ’ s owner to evict them on June 9 .
Many of the city ’ s homeless have been concentrated in a collection of encampments in city parks .
The city estimates that about 100 camps exist across the park system , most small .
As of early in October , 13 smaller encampments have been permitted by the city ’ s park board .
The largest of the early @ @ @ @ @ @ @ from where Floyd died .
That swelled to a size of hundreds with the intermittent and conditional blessing of the park board , but park police ultimately evicted its residents and demolished the encampment with bulldozers in August .
Similar evictions have occurred in other parks across the city .
In at least one case , the complaint states , residents were given a notice saying they had 72 hours to vacate only for officers and bulldozers to arrive 24 hours later .
One resident of the Powderhorn encampment , Emmett Williams , @ @ @ @ @ @ @ he and his fiancée were taken by bus to another park , where they have lived ever since .
Several of their possessions were taken or destroyed , according to the complaint .
“ Clearing the encampments damages thousands of dollars in property — those tents are $ 100 apiece — and people ’ s important documents , family photos and medication get destroyed , ” plaintiff Patrick Berry said in a statement .
“ People are already suffering so much .
It is really cruel what the city is doing.
” With @ @ @ @ @ @ @ employees of the park board told other encampment residents to camp in other parks when they were evicted , according to the complaint .
Representatives of the City of Minneapolis , its police department and park board , and Hennepin County did not immediately respond to requests for comment Monday .
City Attorney Jim Rowader told the Minneapolis Star Tribune that he thought the lawsuit “ misguided.
” “ Their action today incorrectly and unjustly asserts that plaintiffs have a constitutional right to exercise personal property and privacy interests on public lands to @ @ @ @ @ @ @ the use of those same lands , ” Rowarder told the Star Tribune .
Park board spokeswoman Dawn Sommers also disputed the allegations , telling the Star Tribune that the camps were disbanded as a result of “ documented crime , health and safety incidents , ” and that notice was given for each eviction .
Bilal Murad is a board member for Zakat Aid and Charity Assisting Humanity ( ZACAH ) , the nonprofit suing the city alongside the five homeless plaintiffs .
ZACAH , founded on Islamic principles of charity and @ @ @ @ @ @ @ stretched thin by the growing crisis , he said .
“ Our goal , originally , was to help individuals who are in desperate need .
And the primary goal was to keep people away from homelessness , ” Murad said .
“ We did not start off with the idea of homeless encampments.
” Prior to this summer , Murad said , the group had predominantly been working to keep at-risk people in their homes through financial or other assistance .
Sometimes , he said , the organization would pay for hotel @ @ @ @ @ @ @ the requests for financial assistance are well outside the group ’ s means.Time , money and resources are being devoted instead to supporting people in the camps , and the nonprofit is also losing property in police sweeps .
“ This is not a role for a nonprofit that is run by seven full-time physicians , ” Murad said .
“ This has taken away from our original mission of trying to prevent homelessness.
” Even though ZACAH has paid for over 2,000 nights in hotels this year , he said , the @ @ @ @ @ @ @ resources .
“ Our resources are being devoted over there .
Our time and energy is being devoted over there .
And we have not had a response from any responsible party as to how they ’ re going to take care of this problem , ” he added .
If encampments aren ’ t acceptable , Murad said , the state could fund more appropriate shelters for its homeless residents .
The plaintiffs are asking the court to enjoin the defendants from conducting sweeps of the camps , and are seeking punitive @ @ @ @ @ @ @ of their property .

A group of unhoused people in Minneapolis are suing the city and several officials in an effort to stop police from evicting them from burgeoning encampments in city parks.
MINNEAPOLIS, Minn. (CN) — A group of unhoused people in Minneapolis are suing the city and several officials in an effort to stop police from evicting them from burgeoning encampments in city parks.
Five individual plaintiffs and a nonprofit focused on preventing homelessness in the city filed a class action complaint in federal court Monday, arguing that police sweeps of encampments in city parks violated their rights to privacy and property under the Fourth Amendment and to due process under the 14th Amendment.
The plaintiffs, represented by attorneys with the Mid-Minnesota Legal Aid and ACLU of Minnesota, claim that city officials give inadequate or no notice of their plans to evict encampments of hundreds with pepper spray, tear gas and bulldozers, and residents of the encampments often have no safe place to go.
Homelessness has been a longstanding issue in Minneapolis, and officials warned in the early days of the Covid-19 pandemic that the virus would make the situation of homeless people there worse.
Riots in the city following the May 25 death of George Floyd also exacerbated the situation as hundreds of buildings were damaged or destroyed. During the unrest, 200 displaced residents occupied a disused hotel near the riots’ epicenter on Lake Street. Mounting damages and safety concerns pushed the hotel’s owner to evict them on June 9.
Many of the city’s homeless have been concentrated in a collection of encampments in city parks. The city estimates that about 100 camps exist across the park system, most small. As of early in October, 13 smaller encampments have been permitted by the city’s park board.
The largest of the early encampments emerged in Powderhorn Park, blocks from where Floyd died. That swelled to a size of hundreds with the intermittent and conditional blessing of the park board, but park police ultimately evicted its residents and demolished the encampment with bulldozers in August. Similar evictions have occurred in other parks across the city. In at least one case, the complaint states, residents were given a notice saying they had 72 hours to vacate only for officers and bulldozers to arrive 24 hours later.
One resident of the Powderhorn encampment, Emmett Williams, said that when that encampment was evicted he and his fiancée were taken by bus to another park, where they have lived ever since. Several of their possessions were taken or destroyed, according to the complaint.
“Clearing the encampments damages thousands of dollars in property — those tents are $100 apiece — and people's important documents, family photos and medication get destroyed,” plaintiff Patrick Berry said in a statement. “People are already suffering so much. It is really cruel what the city is doing.”
With shelters across the city at capacity, employees of the park board told other encampment residents to camp in other parks when they were evicted, according to the complaint.
Representatives of the City of Minneapolis, its police department and park board, and Hennepin County did not immediately respond to requests for comment Monday. City Attorney Jim Rowader told the Minneapolis Star Tribune that he thought the lawsuit “misguided.”
“Their action today incorrectly and unjustly asserts that plaintiffs have a constitutional right to exercise personal property and privacy interests on public lands to the exclusion of others' interests in the use of those same lands,” Rowarder told the Star Tribune.
Park board spokeswoman Dawn Sommers also disputed the allegations, telling the Star Tribune that the camps were disbanded as a result of “documented crime, health and safety incidents,” and that notice was given for each eviction.
Bilal Murad is a board member for Zakat Aid and Charity Assisting Humanity (ZACAH), the nonprofit suing the city alongside the five homeless plaintiffs. ZACAH, founded on Islamic principles of charity and focused on preventing homelessness, has been stretched thin by the growing crisis, he said.
“Our goal, originally, was to help individuals who are in desperate need. And the primary goal was to keep people away from homelessness,” Murad said. “We did not start off with the idea of homeless encampments.”
Prior to this summer, Murad said, the group had predominantly been working to keep at-risk people in their homes through financial or other assistance. Sometimes, he said, the organization would pay for hotel stays.
Now, he said, the requests for financial assistance are well outside the group’s means.Time, money and resources are being devoted instead to supporting people in the camps, and the nonprofit is also losing property in police sweeps.
“This is not a role for a nonprofit that is run by seven full-time physicians,” Murad said. “This has taken away from our original mission of trying to prevent homelessness.”
Even though ZACAH has paid for over 2,000 nights in hotels this year, he said, the encampments have taken the bulk of its resources.
“Our resources are being devoted over there. Our time and energy is being devoted over there. And we have not had a response from any responsible party as to how they’re going to take care of this problem,” he added. If encampments aren’t acceptable, Murad said, the state could fund more appropriate shelters for its homeless residents.
The plaintiffs are asking the court to enjoin the defendants from conducting sweeps of the camps, and are seeking punitive damages and compensatory damages for the loss of their property.


courthousenews--2020-10-20--Body Camera Video of Fatal San Francisco Police Shooting Released

SAN FRANCISCO ( CN ) — A 21-year-old carjacking suspect sprinted at two San Francisco police officers with a knife in his hand when they shot and killed him , according to body camera footage released Monday , but many community members believe the shooting was unjustified .
“ Sadly , this incident resulted in a tragic outcome — the loss of life Mr. Cesar Antonio Vargas , ” San Francisco Police Chief William “ Bill ” Scott said during a virtual community meeting Monday .
“ Our deepest condolences go to Mr. Vargas ’ s family and his friends @ @ @ @ @ @ @ of a mixed-race carjacking suspect wearing glasses , a grey hooded sweatshirt , dark pants , black shoes and holding a knife , SFPD officers Kyle Roach and Nicholas Delgado caught up with Vargas and chased him to Otis and Gough Street at around 11:30 p.m. on Saturday , Oct. 10 .
Body camera footage shows the officers yelling “ Get on the ground right now , ” “ Let me see your hands , ” “ Drop it , ” “ Put the knife down , ” and “ Get back.
” @ @ @ @ @ @ @ ’ ll kill ya ” followed by a racial slur , though that was not fully audible in video footage .
Vargas then sprinted toward one of the officers .
Both fired at least four bullets at Vargas before he fell to the ground , slowly lifted his head and went limp .
After a few minutes of yelling at Vargas to show his hands , the officers got a shield so they could safely approach him , then handcuffed him , flipped him over and started performing CPR after finding he had @ @ @ @ @ @ @ at the scene , according to police .
After hearing 911 calls and seeing video footage of the shooting and events leading up to it , several community members called into the virtual forum to express their views .
The first caller , who did not give a name , thanked police officers for supporting the community and keeping people safe .
“ I can never imagine what it would be like to have someone run at you with a knife , ” the caller said .
“ It ’ s very scary @ @ @ @ @ @ @ place judgment and say this is a racial issue when this is not a racial issue .
This is a clear thing.
” Most other callers saw things differently .
Adriana Camarena of the group Justice for Luis Góngora Pat , named after a man shot and killed by San Francisco police in 2016 , said she saw no attempts by officers to cool down the situation and prevent the deadly result .
“ Did these officers make a plan to de-escalate because I didn ’ t see any , ” Camarena said @ @ @ @ @ @ @ Angelina said she found it disturbing to hear people supporting the police for “ murdering a person who was carrying the smallest baby knife I ’ ve ever seen.
” She was also distressed by hearing officers yell at Vargas to put his hands up after they shot him down , she said .
“ Why were no rubber bullets used or rock salt , ” another caller asked .
“ Why was more than one shot necessary ?
” Several callers noted that the officers used a shield to approach Vargas after @ @ @ @ @ @ @ to get shields before the shooting .
“ Imagine if he had run into a wall of shields , ” one caller said .
“ He might be alive today.
” Several callers also criticized Chief Scott for refusing to answer questions during the community listening session .
Before Vargas encountered the police on Oct. 10 , he was seen opening and shutting the door of a stopped car at Valencia and Market Streets at around 11:25 p.m .
He then hopped on the hood , windshield and roof of a different car @ @ @ @ @ @ @ unnamed woman .
He reportedly yelled “ kill me bitch ” or words to that effect as he jumped on the car , causing the windshield to shatter and glass to fall on the victim .
That scene was caught on a security camera from a distance without audio .
Vargas reportedly said “ Bitch , get out the car ” and held a knife to the woman ’ s face .
The woman said , “ Take whatever you want .
Just don ’ t hurt me.
” Vargas replied , “ @ @ @ @ @ @ @ I don ’ t want anything , ” according to police .
Security video shows the woman opening her car door before Vargas pulled her out of the vehicle .
Vargas then hopped into the driver ’ s seat for a few seconds before exiting the car as it continued to roll down the street , eventually stopping near a sidewalk .
Vargas then ran away as an unidentified male witness followed him and updated a 911 dispatcher on the suspect ’ s whereabouts .
He then attempted to open the doors of @ @ @ @ @ @ @ who had just gotten off a city bus at Market and Gough Streets .
Camera footage showed Vargas holding a four-inch knife in his right hand as he shoved the bus passenger with his left hand .
Vargas then reportedly ran toward a woman who had just walked across the street to her parked car and opened the door to step inside .
The male witness who was following Vargas yelled , “ stay away from her ” and “ ma ’ am shut your door , ” while on the phone with @ @ @ @ @ @ @ phone call released Monday .
A 911 dispatcher asked the man to stop following Vargas .
Many callers said it is clear from the video and audio released Monday that Vargas was experiencing a mental health crisis or having a problem related to drugs .
Some called for defunding the police and investing more resources in mental health and substance abuse treatment .
Not everyone shared that view .
One caller , who did not give his name but said he has lived in San Francisco for 55 years , said he has @ @ @ @ @ @ @ it ’ s important to have officers to protect the community .
“ I ’ m in great appreciation for the officers who not only thwarted any loss of life that could have happened , but I hope we can have a better relationship with the community and just remember that if it happened to you , you ’ d also be asking for assistance.
” Chief Scott thanked community members for calling in to express their views and said the department takes their comments to heart .
“ We ’ re a @ @ @ @ @ @ @ improve and get better , and I ’ m sure like in every incident , we will learn lessons from this one , ” Scott said .
This was the first fatal police shooting in San Francisco since March 2018 when officers shot and killed 21-year-old Jehad Eid inside a barbershop on Geneva Avenue .
A lawsuit was filed over that shooting , but the case was voluntarily dismissed this past January .
Last year , San Francisco paid $ 400,000 to settle a lawsuit over the December 2015 shooting of Mario Woods @ @ @ @ @ @ @ prompted a federal review of the police department and major policy changes , including new training that directs officers to shoot twice and stop .
That may be why only four gunshots were heard in videos of the Vargas shooting .

A 21-year-old carjacking suspect sprinted at two San Francisco police officers with a knife in his hand when they shot and killed him, according to body camera footage released Monday, but many community members believe the shooting was unjustified.
SAN FRANCISCO (CN) — A 21-year-old carjacking suspect sprinted at two San Francisco police officers with a knife in his hand when they shot and killed him, according to body camera footage released Monday, but many community members believe the shooting was unjustified.
“Sadly, this incident resulted in a tragic outcome — the loss of life Mr. Cesar Antonio Vargas,” San Francisco Police Chief William “Bill” Scott said during a virtual community meeting Monday. “Our deepest condolences go to Mr. Vargas’s family and his friends for their loss.”
Responding to reports of a mixed-race carjacking suspect wearing glasses, a grey hooded sweatshirt, dark pants, black shoes and holding a knife, SFPD officers Kyle Roach and Nicholas Delgado caught up with Vargas and chased him to Otis and Gough Street at around 11:30 p.m. on Saturday, Oct. 10.
Body camera footage shows the officers yelling “Get on the ground right now,” “Let me see your hands,” “Drop it,” “Put the knife down,” and “Get back.” Vargas reportedly replied “Bitch, I’ll kill ya” followed by a racial slur, though that was not fully audible in video footage.
Vargas then sprinted toward one of the officers. Both fired at least four bullets at Vargas before he fell to the ground, slowly lifted his head and went limp. After a few minutes of yelling at Vargas to show his hands, the officers got a shield so they could safely approach him, then handcuffed him, flipped him over and started performing CPR after finding he had no pulse. Vargas was pronounced dead at the scene, according to police.
After hearing 911 calls and seeing video footage of the shooting and events leading up to it, several community members called into the virtual forum to express their views.
The first caller, who did not give a name, thanked police officers for supporting the community and keeping people safe.
“I can never imagine what it would be like to have someone run at you with a knife,” the caller said. “It’s very scary. Everyone is going to try and place judgment and say this is a racial issue when this is not a racial issue. This is a clear thing.”
Most other callers saw things differently. Adriana Camarena of the group Justice for Luis Góngora Pat, named after a man shot and killed by San Francisco police in 2016, said she saw no attempts by officers to cool down the situation and prevent the deadly result.
“Did these officers make a plan to de-escalate because I didn’t see any,” Camarena said.
A caller who identified herself as Angelina said she found it disturbing to hear people supporting the police for “murdering a person who was carrying the smallest baby knife I’ve ever seen.”
SFPD released photos of the four-inch-blade knife held by 21-year-old Cesar Vargas when he was shot dead by police on Oct. 10.
She was also distressed by hearing officers yell at Vargas to put his hands up after they shot him down, she said.
“Why were no rubber bullets used or rock salt,” another caller asked. “Why was more than one shot necessary?”
Several callers noted that the officers used a shield to approach Vargas after they shot him but made no attempt to get shields before the shooting.
“Imagine if he had run into a wall of shields,” one caller said. “He might be alive today.”
Several callers also criticized Chief Scott for refusing to answer questions during the community listening session.
Before Vargas encountered the police on Oct. 10, he was seen opening and shutting the door of a stopped car at Valencia and Market Streets at around 11:25 p.m. He then hopped on the hood, windshield and roof of a different car — a Toyota Prius driven by an unnamed woman. He reportedly yelled “kill me bitch” or words to that effect as he jumped on the car, causing the windshield to shatter and glass to fall on the victim.
That scene was caught on a security camera from a distance without audio. Vargas reportedly said “Bitch, get out the car” and held a knife to the woman’s face. The woman said, “Take whatever you want. Just don’t hurt me.” Vargas replied, “I don’t need anything. I don’t want anything,” according to police.
Security video shows the woman opening her car door before Vargas pulled her out of the vehicle. Vargas then hopped into the driver’s seat for a few seconds before exiting the car as it continued to roll down the street, eventually stopping near a sidewalk.
Vargas then ran away as an unidentified male witness followed him and updated a 911 dispatcher on the suspect’s whereabouts.
He then attempted to open the doors of other occupied vehicles and shoved a man who had just gotten off a city bus at Market and Gough Streets. Camera footage showed Vargas holding a four-inch knife in his right hand as he shoved the bus passenger with his left hand.
Vargas then reportedly ran toward a woman who had just walked across the street to her parked car and opened the door to step inside. The male witness who was following Vargas yelled, “stay away from her” and “ma’am shut your door,” while on the phone with 911, according to audio of the phone call released Monday. A 911 dispatcher asked the man to stop following Vargas.
Many callers said it is clear from the video and audio released Monday that Vargas was experiencing a mental health crisis or having a problem related to drugs. Some called for defunding the police and investing more resources in mental health and substance abuse treatment.
Not everyone shared that view. One caller, who did not give his name but said he has lived in San Francisco for 55 years, said he has been a victim of crime and believes it’s important to have officers to protect the community.
“I’m in great appreciation for the officers who not only thwarted any loss of life that could have happened, but I hope we can have a better relationship with the community and just remember that if it happened to you, you’d also be asking for assistance.”
SFPD Chief William “Bill” Scott addressed the community during a virtual town hall to release information and video footage of an Oct. 10 fatal police shooting Monday.
Chief Scott thanked community members for calling in to express their views and said the department takes their comments to heart.
“We’re a department that’s always striving to improve and get better, and I’m sure like in every incident, we will learn lessons from this one,” Scott said.
This was the first fatal police shooting in San Francisco since March 2018 when officers shot and killed 21-year-old Jehad Eid inside a barbershop on Geneva Avenue. A lawsuit was filed over that shooting, but the case was voluntarily dismissed this past January.
Last year, San Francisco paid $400,000 to settle a lawsuit over the December 2015 shooting of Mario Woods, a 26-year-old black man whose death prompted a federal review of the police department and major policy changes, including new training that directs officers to shoot twice and stop. That may be why only four gunshots were heard in videos of the Vargas shooting.


courthousenews--2020-10-20--Trump Rallies in Arizona as He Tries to Hold onto the Swing State

TUCSON , Ariz. ( CN ) — President Donald Trump said he was “ running angry ” and not “ running scared ” before he took off for Tucson , Arizona , Monday where he rallied a crowd of supporters with threats that former Vice President Joe Biden wants to take away their health care , Medicare , and guns .
“ I don ’ t think you want to give up those guns , ” Trump said to cheers .
“ That ’ s not for Arizona.
” The president ’ s rally was his fifth in three days @ @ @ @ @ @ @ of support with Election Day fast approaching .
Voting began last week in the Copper State , where more than half of ballots have been cast by mail for a decade .
Trump won Arizona by a slim margin against former Secretary of State Hillary Clinton in 2016 and trails Biden in most recent polls there .
The Republican Party nominee spoke before a crowd of more than 2,000 on the blazing hot tarmac at Tucson International Airport , where the temperature was at 93 degrees at 3 p.m. Mountain Time .
A @ @ @ @ @ @ @ a quarter-mile from the doors .
Few in the crowd were wearing masks but most were wearing Trump hats and shirts .
Many were draped in Trump 2020 flags .
Under his second administration , prosperity will surge , and the pandemic , which Trump claimed is “ rounding the turn , ” will be a thing of the past , he said , vowing 100 million vaccines before the end of the year .
He asserted that the vaccine will be free .
He also downplayed Covid-19 , the disease caused by @ @ @ @ @ @ @ than 200,000 American lives since the spring .
After taking the drug Remdesivir , which has been approved by the U.S. Food and Drug Administration for emergency use , Trump woke up feeling much better , he said .
“ I woke up the next morning , and I felt like Superman , ” Trump said .
A recent study by the World Health Organization found that the drug does not improve hospitalized Covid-19 patients ’ chances of survivability .
The president also discussed violence across the country , saying that it has @ @ @ @ @ @ @ Democratic ” cities of Chicago and New York .
At this , a chant of “ I love you !
I love you !
” erupted from the crowd , which the president said has never happened before .
“ You ’ re going to make my cry , ” he said .
“ You ’ re going to make me cry , and you ’ ll ruin my reputation , and you won ’ t love me anymore.
” The president also alleged that Biden would cut the military to the bone @ @ @ @ @ @ @ “ Biden will surrender your jobs to China , ” Trump said .
“ He will surrender your future to the virus , and he will surrender your country to the radical , socialist left.
” Trump cited a recent Gallup poll that showed 56 % of Americans think they ’ re better off than four years ago , and he warned that his Democratic rival would usher in a “ Biden depression ” with a national lockdown that would cripple businesses .
Tucsonan Sandy Ziegler , 56 , was within a few @ @ @ @ @ @ @ mask reading “ Jesus is my savior , Trump is my president ” and a shirt with a Smokey Bear parody shirt slogan : “ Only you can prevent socialism.
” She likes Trump ’ s hard line against China , and his desire for a strong military .
She also likes the president for his views on Israel .
“ I am always watching Israel , ” Ziegler said .
“ God says he will bless you if you bless Israel , and the president supports Israel .
I trust God most @ @ @ @ @ @ @ On Friday , Tucson Mayor Regina Romero sent Trump a letter asking him to abide by the city ’ s Covid-19 reduction measures , including a mask mandate in outdoor places where social distancing isn ’ t possible .
Tucsonans have made a lot of sacrifices to keep virus numbers low here , the mayor said .
“ It would be deeply unfortunate if one gathering jeopardized all of the progress we have made thus far , ” she wrote .
Romero reminded the president that his campaign still owes the city $ @ @ @ @ @ @ @ .
This time around the expected bill will be $ 50,000 , she said .
“ Since this is a campaign event , we respectfully request that you reimburse the city and its taxpayers for these expenses , ” she wrote .
Jim Beard is an HVAC technician in Tucson who saw the president speak Monday .
Beard thinks the president ’ s penchant for loosening the government ’ s grip on businesses is a plus .
He called the Environmental Protection Agency , in which Trump ’ s administration has rolled back @ @ @ @ @ @ @ hell , ” but is in favor of sensible regulation .
Beard cited California ’ s state government , which recently mandated that all new cars sold there be electric by 2035 .
“ They have a power shortage as it is , ” he said .
“ How are they going to power all those cars ?
” Trump is behind Biden in most Arizona polls , but no Democratic presidential candidate has won Arizona since Bill Clinton in 1996 .
A poll of 1,600 voters over 50 published Monday by AARP @ @ @ @ @ @ @ Group , and OH Predictive Insights shows that Arizona ’ s age 50 and older voters trust Biden more than the president .
Those likely voters think the former Delaware senator is more likely to strengthen Social Security and protect Medicare ( 49 % for Biden , 44 % for Trump ) , look out for the middle and lower classes ( 49 % to 46 % ) , heal racial division ( 48 % to 34 % ) , protect the elderly from Covid-19 ( 48 % to 42 % ) , @ @ @ @ @ @ @ 41 % to 32 % ) , and make health care more affordable ( 46 % to 41 % ) .
Only on rebuilding the economy did more voters trust Trump than Biden ( 52 % to 43 % ) , the poll showed .
Among Republicans , 85 % support Trump ’ s Covid-19 management , while just 8 % of Democrats did .
Eighty-three percent of Democrats are worried about getting Covid-19 , but just 31 % are , the poll showed .
Overall , Biden has the support of 49 @ @ @ @ @ @ @ 50 and older voters , while 47 % percent back the president — well within the poll ’ s 2.9 % margin of error .
Trump-backer Nancy Manning , 55 , thinks that despite Biden leading Trump in all recent polls of Arizona voters , the president will win .
“ I think there are a lot of people who are Republican who don ’ t want to say they ’ re Republican .
They don ’ t want to get their cars trashed , get stickers put on their cars , ” @ @ @ @ @ @ @ be careful what you say in Tucson .
”

President Donald Trump said he was “running angry” and not “running scared” before he took off for Tucson, Arizona, Monday where he rallied a crowd of supporters with threats that former Vice President Joe Biden wants to take away their health care, Medicare, and guns.
TUCSON, Ariz. (CN) — President Donald Trump said he was “running angry” and not “running scared” before he took off for Tucson, Arizona, Monday where he rallied a crowd of supporters with threats that former Vice President Joe Biden wants to take away their health care, Medicare, and guns.
“I don’t think you want to give up those guns,” Trump said to cheers. “That’s not for Arizona.”
The president’s rally was his fifth in three days as he tries to muster a surge of support with Election Day fast approaching. Voting began last week in the Copper State, where more than half of ballots have been cast by mail for a decade. Trump won Arizona by a slim margin against former Secretary of State Hillary Clinton in 2016 and trails Biden in most recent polls there.
The Republican Party nominee spoke before a crowd of more than 2,000 on the blazing hot tarmac at Tucson International Airport, where the temperature was at 93 degrees at 3 p.m. Mountain Time. A line to get in stretched at least a quarter-mile from the doors. Few in the crowd were wearing masks but most were wearing Trump hats and shirts. Many were draped in Trump 2020 flags.
Under his second administration, prosperity will surge, and the pandemic, which Trump claimed is “rounding the turn,” will be a thing of the past, he said, vowing 100 million vaccines before the end of the year. He asserted that the vaccine will be free. He also downplayed Covid-19, the disease caused by the novel coronavirus that has claimed more than 200,000 American lives since the spring.
After taking the drug Remdesivir, which has been approved by the U.S. Food and Drug Administration for emergency use, Trump woke up feeling much better, he said.
“I woke up the next morning, and I felt like Superman,” Trump said.
A recent study by the World Health Organization found that the drug does not improve hospitalized Covid-19 patients’ chances of survivability.
The president also discussed violence across the country, saying that it has plagued what he referred to the “Democratic” cities of Chicago and New York. At this, a chant of “I love you! I love you!” erupted from the crowd, which the president said has never happened before.
“You’re going to make my cry,” he said. “You’re going to make me cry, and you’ll ruin my reputation, and you won’t love me anymore.”
The president also alleged that Biden would cut the military to the bone and surrender things Americans hold dear.
“Biden will surrender your jobs to China,” Trump said. “He will surrender your future to the virus, and he will surrender your country to the radical, socialist left.”
Trump cited a recent Gallup poll that showed 56% of Americans think they’re better off than four years ago, and he warned that his Democratic rival would usher in a “Biden depression” with a national lockdown that would cripple businesses.
Tucsonan Sandy Ziegler, 56, was within a few rows of the stage, wearing a mask reading “Jesus is my savior, Trump is my president” and a shirt with a Smokey Bear parody shirt slogan: “Only you can prevent socialism.” She likes Trump’s hard line against China, and his desire for a strong military.
She also likes the president for his views on Israel.
“I am always watching Israel,” Ziegler said. “God says he will bless you if you bless Israel, and the president supports Israel. I trust God most, but I also trust Trump.”
On Friday, Tucson Mayor Regina Romero sent Trump a letter asking him to abide by the city’s Covid-19 reduction measures, including a mask mandate in outdoor places where social distancing isn’t possible. Tucsonans have made a lot of sacrifices to keep virus numbers low here, the mayor said.
“It would be deeply unfortunate if one gathering jeopardized all of the progress we have made thus far,” she wrote.
Romero reminded the president that his campaign still owes the city $80,000 for security at a 2016 rally. This time around the expected bill will be $50,000, she said.
“Since this is a campaign event, we respectfully request that you reimburse the city and its taxpayers for these expenses,” she wrote.
Jim Beard is an HVAC technician in Tucson who saw the president speak Monday.
Beard thinks the president’s penchant for loosening the government’s grip on businesses is a plus. He called the Environmental Protection Agency, in which Trump’s administration has rolled back dozens of regulations, “necessary as hell,” but is in favor of sensible regulation.
Beard cited California’s state government, which recently mandated that all new cars sold there be electric by 2035.
“They have a power shortage as it is,” he said. “How are they going to power all those cars?”
Trump is behind Biden in most Arizona polls, but no Democratic presidential candidate has won Arizona since Bill Clinton in 1996.
President Donald Trump waves to a cheering crowd as he arrives for a campaign rally Monday, Oct. 19, 2020, in Tucson, Ariz. (AP Photo/Ross D. Franklin)
A poll of 1,600 voters over 50 published Monday by AARP, Benenson Strategy Group, GS Strategy Group, and OH Predictive Insights shows that Arizona’s age 50 and older voters trust Biden more than the president.
Those likely voters think the former Delaware senator is more likely to strengthen Social Security and protect Medicare (49% for Biden, 44% for Trump), look out for the middle and lower classes (49% to 46%), heal racial division (48% to 34%), protect the elderly from Covid-19 (48% to 42%), work with both major political parties (41% to 32%), and make health care more affordable (46% to 41%).
Only on rebuilding the economy did more voters trust Trump than Biden (52% to 43%), the poll showed.
Among Republicans, 85% support Trump’s Covid-19 management, while just 8% of Democrats did. Eighty-three percent of Democrats are worried about getting Covid-19, but just 31% are, the poll showed.
Overall, Biden has the support of 49% of the state’s age 50 and older voters, while 47% percent back the president — well within the poll’s 2.9% margin of error.
Trump-backer Nancy Manning, 55, thinks that despite Biden leading Trump in all recent polls of Arizona voters, the president will win.
“I think there are a lot of people who are Republican who don’t want to say they’re Republican. They don’t want to get their cars trashed, get stickers put on their cars,” she said.
“You have to be careful what you say in Tucson.”


courthousenews--2020-10-21--PG&E Ripped for Prioritizing Cleanup in Areas With Low Fire Risk

SAN FRANCISCO ( CN ) — Pacific Gas and Electric has prioritized wildfire-prevention work based on what makes it look good rather than what actually reduces risks in the highest fire-threat areas , a court-appointed monitor warned in a recent memo .
“ Overall , we believe the inspections and related analyses have identified material shortcomings in PG & E ’ s progress , as compared to its stated goals regarding wildfire risk reduction , ” independent monitor Mark Filip wrote in an Oct. 16 letter made public Tuesday .
The letter was sent to U.S. District Judge William Alsup @ @ @ @ @ @ @ s criminal probation in a case related to the fatal 2010 San Bruno pipeline explosion .
PG & E said it prioritizes wildfire-prevention work based on a risk model that assigns a risk score to each high fire-threat zone in its service area .
In 2019 , PG & E identified 100 circuits , or stretch of power lines , as having much a higher risk score than 596 other areas .
But approximately 59 % of its enhanced vegetation management ( EVM ) work was performed in lower-risk circuits that year , @ @ @ @ @ @ @ the company pushed to meet its 2,455-mile EVM target for 2019 , it did not prioritize wildfire risk reduction according to its risk model , ” Filip wrote in his 3-page letter to Judge Alsup .
The monitor also reported that 92 % of the miles PG & E teams worked on to meet its mileage target through November 2019 required no tree trimming work , making it much easier and quicker to get those miles counted toward its goal .
That figure improved last year with the percentage of miles PG & @ @ @ @ @ @ @ to 77 % .
The monitor reported PG & E is doing more work in higher tree-density areas this year .
A preliminary analysis found 57 % of the miles covered this year required no tree trimming .
“ We believe that the company needs to do a much better job of prioritizing wildfire risk reduction within mileage targets through its [ enhanced vegetation management ] work , while operating pursuant to an effective risk model , ” Filip wrote .
PG & E told the monitor it will work to address this @ @ @ @ @ @ @ revised risk model and scope for its 2021 wildfire-prevention work .
“ Moving forward , the monitor team will be focusing its vegetation management inspections in areas with greater vegetation density , and we will continue to evaluate the company ’ s use of its risk models , ” Filip wrote .
The monitor also warned Alsup about PG & E backsliding in its work to identify tree hazards near power lines .
From May to July 2019 , the monitor found PG & E inspectors missed 11.4 hazards per mile .
After @ @ @ @ @ @ @ training for inspectors , that figure dropped to 1.1 missed trees per mile from September to December 2019 .
This year the monitor team found 4.82 missed hazards per mile , suggesting that improvement has “ at best , plateaued , and perhaps actual regression has occurred.
” On Oct. 4 , a monitor ’ s team inspector found a tree PG & E was supposed to remove in mid-August with leaves singed from contact with a power line .
It failed to remove the tree twice “ seemingly because of a series @ @ @ @ @ @ @ alerted PG & E , the tree was removed within 24 hours .
PG & E also failed to meet its internal target for completing enhanced climbing inspections for 967 transmission structures in high fire-threat areas by Aug. 31 .
That goal would have allowed PG & E to address potential problems before the peak fire season started in late September .
PG & E performed zero enhanced inspections of those towers by the deadline .
At the same time , it conducted 1,000 climbing inspections on transmission towers outside the high-threat areas @ @ @ @ @ @ @ enhanced tower inspections in lower-risk areas while neglecting ones in higher-risk zones demonstrates the company ’ s “ shortcomings in executing work in a manner that prioritizes wildfire risk reduction , ” Filip wrote .
The monitor blamed that failure on “ human error , lack of oversight , miscommunications , and failure to appropriately escalate matters ” and said PG & E plans to complete the enhanced tower inspections by Thanksgiving .
Alsup ordered PG & E to respond to the monitor ’ s letter by Nov. 3 .
Earlier this month @ @ @ @ @ @ @ to “ explain its role ” in potentially starting the 56,000-acre Zogg Fire that ignited on Sept. 27 and killed four people in Shasta County .
Alsup demanded the explanation after PG & E revealed in a securities filing that CalFire had taken possession of its equipment as part of an investigation into the cause of the fire .
PG & E ’ s response to that order is due on Oct. 26 .
PG & E did not immediately respond to a request for comment Tuesday .
In August , Alsup imposed @ @ @ @ @ @ @ E to track the age of all transmission tower components , hire in-house managers to oversee contracted tree inspectors and replace transmission tower components at risk of failing within 90 days .
In July , PG & E emerged from Chapter 11 bankruptcy after agreeing to $ 25.5 billion in settlements over claims that its equipment sparked a series of deadly wildfires in 2015 , 2017 and 2018 .
In June , PG & E pleaded guilty to 84 counts of manslaughter and received the maximum sentence , a $ 3.5 million fine @ @ @ @ @ @ @ deadly 2018 Camp Fire that burned more than 153,000 acres , wrecked 18,800 buildings and destroyed the town of Paradise in Butte County .

Pacific Gas and Electric has prioritized wildfire-prevention work based on what makes it look good rather than what actually reduces risks in the highest fire-threat areas, a court-appointed monitor warned in a recent memo.
SAN FRANCISCO (CN) — Pacific Gas and Electric has prioritized wildfire-prevention work based on what makes it look good rather than what actually reduces risks in the highest fire-threat areas, a court-appointed monitor warned in a recent memo.
“Overall, we believe the inspections and related analyses have identified material shortcomings in PG&E’s progress, as compared to its stated goals regarding wildfire risk reduction,” independent monitor Mark Filip wrote in an Oct. 16 letter made public Tuesday.
The letter was sent to U.S. District Judge William Alsup, who oversees PG&E’s criminal probation in a case related to the fatal 2010 San Bruno pipeline explosion.
PG&E said it prioritizes wildfire-prevention work based on a risk model that assigns a risk score to each high fire-threat zone in its service area.
In 2019, PG&E identified 100 circuits, or stretches of power lines, as having a much higher risk score than 596 other areas. But approximately 59% of its enhanced vegetation management (EVM) work was performed in lower-risk circuits that year, according to the monitor.
“As the company pushed to meet its 2,455-mile EVM target for 2019, it did not prioritize wildfire risk reduction according to its risk model,” Filip wrote in his 3-page letter to Judge Alsup.
The monitor also reported that 92% of the miles PG&E teams worked on to meet its mileage target through November 2019 required no tree trimming work, making it much easier and quicker to get those miles counted toward its goal.
That figure improved last year with the percentage of miles PG&E covered with no tree trimming dropping to 77%. The monitor reported PG&E is doing more work in higher tree-density areas this year. A preliminary analysis found 57% of the miles covered this year required no tree trimming.
“We believe that the company needs to do a much better job of prioritizing wildfire risk reduction within mileage targets through its [enhanced vegetation management] work, while operating pursuant to an effective risk model,” Filip wrote.
PG&E told the monitor it will work to address this shortcoming and that it is preparing a revised risk model and scope for its 2021 wildfire-prevention work.
“Moving forward, the monitor team will be focusing its vegetation management inspections in areas with greater vegetation density, and we will continue to evaluate the company’s use of its risk models,” Filip wrote.
The monitor also warned Alsup about PG&E backsliding in its work to identify tree hazards near power lines. From May to July 2019, the monitor found PG&E inspectors missed 11.4 hazards per mile. After working with the monitor to revamp its training for inspectors, that figure dropped to 1.1 missed trees per mile from September to December 2019.
This year the monitor team found 4.82 missed hazards per mile, suggesting that improvement has “at best, plateaued, and perhaps actual regression has occurred.”
On Oct. 4, a monitor’s team inspector found a tree PG&E was supposed to remove in mid-August with leaves singed from contact with a power line. It failed to remove the tree twice “seemingly because of a series of process breakdowns.” After the monitor alerted PG&E, the tree was removed within 24 hours.
PG&E also failed to meet its internal target for completing enhanced climbing inspections for 967 transmission structures in high fire-threat areas by Aug. 31. That goal would have allowed PG&E to address potential problems before the peak fire season started in late September. PG&E performed zero enhanced inspections of those towers by the deadline.
At the same time, it conducted 1,000 climbing inspections on transmission towers outside the high-threat areas by Aug. 31. That it prioritized enhanced tower inspections in lower-risk areas while neglecting ones in higher-risk zones demonstrates the company’s “shortcomings in executing work in a manner that prioritizes wildfire risk reduction,” Filip wrote.
The monitor blamed that failure on “human error, lack of oversight, miscommunications, and failure to appropriately escalate matters” and said PG&E plans to complete the enhanced tower inspections by Thanksgiving.
Alsup ordered PG&E to respond to the monitor’s letter by Nov. 3.
Earlier this month, the judge ordered PG&E to “explain its role” in potentially starting the 56,000-acre Zogg Fire that ignited on Sept. 27 and killed four people in Shasta County. Alsup demanded the explanation after PG&E revealed in a securities filing that CalFire had taken possession of its equipment as part of an investigation into the cause of the fire. PG&E’s response to that order is due on Oct. 26.
“PG&E shares the court’s focus on safety and recognizes that we must take a leading role in reducing the risk of wildfire throughout Northern and Central California. We’re aware of the monitor’s letter and related order from the court,” PG&E spokesperson James Noonan said in a statement. “We are currently reviewing and plan to respond by the deadline given by the court. We continue to evaluate, evolve and refine our approaches to further reduce wildfire risk and meet our wildfire mitigation plan objectives.”
In August, Alsup imposed new probation terms that require PG&E to track the age of all transmission tower components, hire in-house managers to oversee contracted tree inspectors and replace transmission tower components at risk of failing within 90 days.
In July, PG&E emerged from Chapter 11 bankruptcy after agreeing to $25.5 billion in settlements over claims that its equipment sparked a series of destructive wildfires in 2015, 2017 and 2018. In June, PG&E pleaded guilty to 84 counts of manslaughter and received the maximum sentence, a $3.5 million fine, for its role in sparking the deadly 2018 Camp Fire that burned more than 153,000 acres, wrecked 18,800 buildings and destroyed the town of Paradise in Butte County.


courthousenews--2020-10-21--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-10-21--Cold Lizards in Miami Offer Clues on Climate Change Resilience

( CN ) — Miami , best known for fun , sun and reptiles .
A cold snap there this past January proved local lizard populations may be far more resilient to lower temperatures than scientists previously believed .
Among the animals considered most vulnerable to climate change , reptiles often take the cake .
Being cold-blooded , they have very little in the way of internal metabolic mechanisms to regulate their body temperature and thus rely on a stable environment to survive .
Sudden cold snaps can be particularly devastating for these creatures .
Researchers from Washington University in @ @ @ @ @ @ @ tolerance in a study published Wednesday in the journal Biology Letters .
They compared their findings from the January 2020 cold snap with those of a previous study and found local lizards are growing more resilient , either through natural selection or acclimation , or perhaps both .
Among the species studied , only one was native to the area .
“ Prior to this , and for a different study , we had measured the lowest temperatures that six lizard species in south Florida could tolerate , ” said Dr. James Stroud @ @ @ @ @ @ @ St. Louis , in a statement accompanying the study .
“ We realized after the 2020 cold event that these data were now extremely valuable — we had the opportunity to re-measure the same lizard populations to observe if their physiological limits had changed ; in other words , could these species now tolerate lower temperatures ?
” Dr. Stroud and his team spent the week following the cold snap collecting surviving lizards and measuring their thermal tolerance to compare with lizards studied previously .
They sought to determine if the increased cold @ @ @ @ @ @ @ The team also resampled the lizards ’ thermal limits 10 weeks later to test whether the changes observed were a temporary stress response , or if the lizards had actually adapted .
“ A major unexpected result of this study was that all species converged on the same new , lower level of thermal tolerance , ” Stroud said .
“ While there was great variation in temperature tolerance before the cold event — some , like the large-bodied brown basilisk , were very intolerant of low temperatures , while others like the @ @ @ @ @ @ @ — we observed that all species could now tolerate , on average , the same lowest temperature.
” After resampling the lizard ’ s thermal limits 10 weeks later , the researchers determined the changes in their tolerance to cold were likely to persist .
These results were especially surprising given the species ’ vastly differing physiology , body size and ecology , while begging the question — how low can they go ?
Two likely mechanisms behind the lizards ’ speedy adaptation are directional selection and physiological plasticity .
Directional selection is @ @ @ @ @ @ @ cold tolerance , gets passed on more readily by virtue of fitness , growing more frequent in the gene pool .
Physiological plasticity is an organism ’ s ability to acclimatize itself to changing conditions , such as a Navy Seal training to hold their breath underwater .
“ The shifts to tolerate significantly lower temperatures that we observed were so large that we found it unclear whether natural selection was responsible , ” Stroud explained .
“ And so in our paper we discuss other alternative processes which may also have led @ @ @ @ @ @ @ now need to find out is how this was accomplished , ” said Dr. Jonathan Losos , the William H. Danforth Distinguished University Professor and professor of biology at Washington University , in the statement .
“ Is this evidence of natural selection , with those lizards that just happened to have a lower cold tolerance surviving and others freezing to death , or was it an example of physiological adjustment — termed ‘ acclimation ’ — in which exposure to lower temperatures changes a lizard ’ s physiology so that it is @ @ @ @ @ @ @ The primary way reptiles regulate their body temperature is to move in and out of sunlight and sun-warmed surfaces – it would give them a tremendous advantage if they ’ re able to regulate their body temperature more than previously believed .
Given that most climate scientists predict similarly unexpected whether events will become ever more frequent as climate change intensifies , these results may provide a boon for thermally vulnerable species such as lizards .
This makes understanding the effects of long-term temperature increases and chaotic weather events even more vital .
@ @ @ @ @ @ @ climate change represents a major threat to species and ecosystems around the world , and deserves as much research attention as possible , this study provides fascinating insight and a glimpse of hope , ” Stroud concluded .
“ Perhaps tropical and subtropical species can withstand more extreme climatic conditions .
”

Miami, best known for fun, sun and reptiles. A cold snap there this past January proved local lizard populations may be far more resilient to lower temperatures than scientists previously believed.
(CN) — Miami, best known for fun, sun and reptiles. A cold snap there this past January proved local lizard populations may be far more resilient to lower temperatures than scientists previously believed.
Among the animals considered most vulnerable to climate change, reptiles often take the cake. Being cold-blooded, they have very little in the way of internal metabolic mechanisms to regulate their body temperature and thus rely on a stable environment to survive. Sudden cold snaps can be particularly devastating for these creatures.
Researchers from Washington University in St. Louis investigated Floridian lizards’ cold tolerance in a study published Wednesday in the journal Biology Letters. They compared their findings from the January 2020 cold snap with those of a previous study and found local lizards are growing more resilient, either through natural selection or acclimation, or perhaps both. Among the species studied, only one was native to the area.
"Prior to this, and for a different study, we had measured the lowest temperatures that six lizard species in south Florida could tolerate," said Dr. James Stroud, research associate at Washington University in St. Louis, in a statement accompanying the study. "We realized after the 2020 cold event that these data were now extremely valuable — we had the opportunity to re-measure the same lizard populations to observe if their physiological limits had changed; in other words, could these species now tolerate lower temperatures?"
Dr. Stroud and his team spent the week following the cold snap collecting surviving lizards and measuring their thermal tolerance to compare with lizards studied previously. They sought to determine if the increased cold tolerances they observed extended across species. The team also resampled the lizards’ thermal limits 10 weeks later to test whether the changes observed were a temporary stress response, or if the lizards had actually adapted.
"A major unexpected result of this study was that all species converged on the same new, lower level of thermal tolerance," Stroud said. "While there was great variation in temperature tolerance before the cold event — some, like the large-bodied brown basilisk, were very intolerant of low temperatures, while others like the Puerto Rican crested anole were more robust — we observed that all species could now tolerate, on average, the same lowest temperature.”
After resampling the lizard’s thermal limits 10 weeks later, the researchers determined the changes in their tolerance to cold were likely to persist. These results were especially surprising given the species’ vastly differing physiology, body size and ecology, while begging the question — how low can they go?
Two likely mechanisms behind the lizards’ speedy adaptation are directional selection and physiological plasticity. Directional selection is when a beneficial trait, such as cold tolerance, gets passed on more readily by virtue of fitness, growing more frequent in the gene pool. Physiological plasticity is an organism’s ability to acclimatize itself to changing conditions, such as a Navy Seal training to hold their breath underwater.
"The shifts to tolerate significantly lower temperatures that we observed were so large that we found it unclear whether natural selection was responsible," Stroud explained. "And so in our paper we discuss other alternative processes which may also have led to this pattern."
"What we now need to find out is how this was accomplished,” said Dr. Jonathan Losos, the William H. Danforth Distinguished University Professor and professor of biology at Washington University, in the statement. “Is this evidence of natural selection, with those lizards that just happened to have a lower cold tolerance surviving and others freezing to death, or was it an example of physiological adjustment — termed 'acclimation' — in which exposure to lower temperatures changes a lizard's physiology so that it is capable of withstanding lower temperatures?"
The primary way reptiles regulate their body temperature is to move in and out of sunlight and sun-warmed surfaces – it would give them a tremendous advantage if they’re able to regulate their body temperature more than previously believed.
Given that most climate scientists predict similarly unexpected whether events will become ever more frequent as climate change intensifies, these results may provide a boon for thermally vulnerable species such as lizards. This makes understanding the effects of long-term temperature increases and chaotic weather events even more vital.
"While there is no doubt that climate change represents a major threat to species and ecosystems around the world, and deserves as much research attention as possible, this study provides fascinating insight and a glimpse of hope," Stroud concluded. "Perhaps tropical and subtropical species can withstand more extreme climatic conditions."


courthousenews--2020-10-20--California Theme Parks See Long Path Toward Reopening

( CN ) — California health officials on Tuesday revealed a path to reopening for Disneyland and other theme parks in the state , but given the spread of the Covid-19 virus would-be vacationers should hold off on planning a visit anytime soon .
Health and Human Services Secretary Dr. Mark Ghaly said “ The Happiest Place on Earth , ” Knott ’ s Berry Farm , Universal Studios and the like when their counties fall to the “ minimal ” tier on the state ’ s color-coded guideline to reopening .
The “ yellow ” tier amounts to a @ @ @ @ @ @ @ albeit with modifications , and is achieved when a county ’ s positivity rate drops to less than 1 per 100,000 residents .
To date , only 8 of California ’ s 58 counties have achieved yellow status — and none of them boast major theme parks .
Smaller theme parks can reopen outdoor attractions only at limited capacity in counties that have reached the orange or “ moderate ” tier .
Visitors to those parks must be county residents only .
Large theme parks represent higher risk because they see a large @ @ @ @ @ @ @ world who would likely use services outside the theme parks they visit , like hotels and restaurants .
“ People visiting certain settings for a number of days , not just for a few hours , but spending a whole week or a weekend in a community , that might promote mixing and congregating , ” Ghaly said during a virtual briefing on Tuesday .
“ That could be just enough to create outbreaks and transmissions risks that California doesn ’ t want to see.
” Currently Orange County — where both Disneyland @ @ @ @ @ @ @ is in the red or “ substantial ” tier , two above yellow .
But Universal Studios and Magic Mountain are both in Los Angeles County , which languishes in the purple or “ widespread ” category with an average of seven new cases daily per 100,000 residents .
When they do reopen , all theme parks will need to have a reservation system and screen guests for symptoms .
Face masks will be mandatory unless someone is eating or drinking according to the guidelines released Tuesday .
That means guests can not @ @ @ @ @ @ @ and go into the park .
Last month , Disneyland announced it would lay off 28,000 theme park employees amid the pandemic that has kept the park closed since March .
Sports and those who enjoy them got better news from Ghaly on Tuesday : Professional sporting events can reopen in orange-tier counties at 20 % stadium capacity and at 25 % capacity in yellow-tier counties .
But ticket sales will be restricted to a 120-mile radius around the venue , tailgating will be forbidden and guests will have to park at the @ @ @ @ @ @ @ event .
Sporting events can be better controlled since they are shorter than days at theme parks .
And forcing pre-assigned seating and having food and drink delivered to people at their seats make sporting events less risky .
Ghaly said the state worked with industry and labor unions to come up with requirements and modifications , which support a slow approaching to resuming some kind of normal under Covid-19 .
As of Tuesday , California has 884,000 confirmed cases of Covid-19 and 17,000 people are dead .
The spread of the virus @ @ @ @ @ @ @ with some counties continuing to see widespread rates of infection .
Los Angeles , San Bernardino and Riverside counties are all seeing widespread outbreak of Covid-19 and California health officials announced they are going to work in partnership to try and stem the spread of the virus .
State epidemiologist Dr. Erica Pan said Shasta and Riverside counties moved backward into the purple or “ widespread ” tier , meaning more than seven new Covid infections per 100,000 residents .
Riverside joins LA and San Bernardino counties to form a large section of @ @ @ @ @ @ @ midst of widespread infection moving into flu season .
The state is paying close attention to the region , Pan said , and state officials will roll out tactics they utilized in the Central Valley when that part of the state saw large outbreaks .
That ’ s going to include increased testing in key areas , including mobile testing and providing more people the ability to isolate themselves if they can ’ t do so easily .
“ Really importantly to this pandemic is partnering with the community-based organizations on the ground @ @ @ @ @ @ @ really need trusted community partners to reach individual cases.
” Ghaly did not mention Shasta County , which said Tuesday it planned to break away from the state ’ s tier system .
But some counties saw progress in the coronavirus fight .
Butte and Napa counties moved from the red or “ substantial ” tier to the orange tier , and San Francisco County moved into the yellow or “ minimal ” tier .

California health officials on Tuesday revealed a path to reopening for Disneyland and other theme parks in the state, but given the spread of the Covid-19 virus would-be vacationers should hold off on planning a visit anytime soon.
(CN) — California health officials on Tuesday revealed a path to reopening for Disneyland and other theme parks in the state, but given the spread of the Covid-19 virus would-be vacationers should hold off on planning a visit anytime soon.
Health and Human Services Secretary Dr. Mark Ghaly said “The Happiest Place on Earth,” Knott’s Berry Farm, Universal Studios and the like will open when their counties fall to the “minimal” tier on the state’s color-coded guideline to reopening. The “yellow” tier amounts to a near complete reopening of the economy, albeit with modifications, and is achieved when a county’s positivity rate drops to less than 1 per 100,000 residents.
To date, only eight of California’s 58 counties have achieved yellow status — and none of them boast major theme parks.
Smaller theme parks can reopen outdoor attractions only at limited capacity in counties that have reached the orange or “moderate” tier. Visitors to those parks must be county residents only.
Large theme parks represent higher risk because they see a large mix of people from all over the world who would likely use services outside the theme parks they visit, like hotels and restaurants.
“People visiting certain settings for a number of days, not just for a few hours, but spending a whole week or a weekend in a community, that might promote mixing and congregating,” Ghaly said during a virtual briefing on Tuesday. “That could be just enough to create outbreaks and transmissions risks that California doesn’t want to see.”
Currently Orange County — where both Disneyland and Knott’s are located — is in the red or “substantial” tier, two above yellow. But Universal Studios and Magic Mountain are both in Los Angeles County, which languishes in the purple or “widespread” category with an average of seven new cases daily per 100,000 residents.
When they do reopen, all theme parks will need to have a reservation system and screen guests for symptoms. Face masks will be mandatory unless someone is eating or drinking according to the guidelines released Tuesday.
That means guests cannot show up the day-of to buy tickets and go into the park.
Last month, Disneyland announced it would lay off 28,000 theme park employees amid the pandemic that has kept the park closed since March.
Sports and those who enjoy them got better news from Ghaly on Tuesday: Professional sporting events can reopen in orange-tier counties at 20% stadium capacity and at 25% capacity in yellow-tier counties. But ticket sales will be restricted to a 120-mile radius around the venue, tailgating will be forbidden and guests will have to park at the stadium if they want to attend any event.
Sporting events can be better controlled since they are shorter than days at theme parks. And forcing pre-assigned seating and having food and drink delivered to people at their seats make sporting events less risky.
Ghaly said the state worked with industry and labor unions to come up with requirements and modifications, which support a slow approaching to resuming some kind of normal under Covid-19.
As of Tuesday, California has 884,000 confirmed cases of Covid-19 and 17,000 people are dead. The spread of the virus remains steady for most of the state with some counties continuing to see widespread rates of infection.
Los Angeles, San Bernardino and Riverside counties are all seeing widespread outbreak of Covid-19 and California health officials announced they are going to work in partnership to try and stem the spread of the virus.
State epidemiologist Dr. Erica Pan said Shasta and Riverside counties moved backward into the purple or “widespread” tier, meaning more than seven new Covid infections per 100,000 residents.
Riverside joins LA and San Bernardino counties to form a large section of Southern California that is now in the midst of widespread infection moving into flu season. The state is paying close attention to the region, Pan said, and state officials will roll out tactics they utilized in the Central Valley when that part of the state saw large outbreaks.
The tactics include increased testing in key areas, including mobile testing and helping people isolate themselves if they can’t do so easily.
“Really importantly to this pandemic is partnering with the community-based organizations on the ground,” said Pan. “We really need trusted community partners to reach individual cases.”
Ghaly did not mention Shasta County when discussing the state's work with other widespread counties. Shasta County leaders said Tuesday the county, located in extreme Northern California, intends to break away from the state’s tier system.
But other counties saw progress in the coronavirus fight. Butte and Napa counties moved from the red or “substantial” tier to the orange tier, and San Francisco County moved into the yellow or “minimal” tier.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including the Justice Department hit Google with a federal antitrust action ; Joe Biden continues to hold on to his lead over President Donald Trump two weeks before Election Day ; The fiancée of murdered Washington Post journalist Jamal Khashoggi filed a lawsuit in Washington federal court blaming Saudi leaders for his death , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 @ @ @ @ @ @ @ the U.S. Department of Justice hit Google with a federal antitrust action on Tuesday , accusing the tech giant of using its dominance over online searches to stifle competition and harm consumers .
2 . )
With just two weeks to go before Election Day , former Vice President Joe Biden continues to hold on to his lead over President Donald Trump , with most voters saying they trust the former VP to handle the key issues dominating the election cycle in America .
3 . )
Secretaries of state and media experts @ @ @ @ @ @ @ before the results of the 2020 general election are known .
4 . )
Finding strong indications of “ bad faith ” in the way Education Secretary Betsy DeVos denied 94 % of student debt relief claims in recent months , a federal judge rejected a proposed settlement and fast-tracked a lawsuit over long delays in deciding borrower defense claims .
5 . )
A Tennessee security company ’ s effort to recruit and deploy an armed and paid militia to Minnesota polling places made its way to federal court Tuesday , where @ @ @ @ @ @ @ to intimidate voters .
6 . )
New York accused an Amish church ’ s former cost-sharing partner on Tuesday of running an illegal insurance business that shortchanged some 40,000 enrollees who expected comprehensive health care plans .
7 . )
The fiancée of murdered Washington Post journalist Jamal Khashoggi filed a lawsuit in Washington federal court Tuesday blaming Saudi Arabia ’ s crown prince and over two dozen other Saudi officials for his 2018 killing .
8 . )
A federal judge denied bail Tuesday to the former Mexican defense secretary who @ @ @ @ @ @ @ on drug-trafficking and money-laundering charges .

Top eight CNS stories for today including the Justice Department hit Google with a federal antitrust action; Joe Biden continues to hold on to his lead over President Donald Trump two weeks before Election Day; The fiancée of murdered Washington Post journalist Jamal Khashoggi filed a lawsuit in Washington federal court blaming Saudi leaders for his death, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the Justice Department hit Google with a federal antitrust action; Joe Biden continues to hold on to his lead over President Donald Trump two weeks before Election Day; The fiancée of murdered Washington Post journalist Jamal Khashoggi filed a lawsuit in Washington federal court blaming Saudi leaders for his death, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) In a long-anticipated move, the U.S. Department of Justice hit Google with a federal antitrust action on Tuesday, accusing the tech giant of using its dominance over online searches to stifle competition and harm consumers.
Google headquarters in Mountain View, Calif. (AP Photo/Marcio Jose Sanchez, File)
2.) With just two weeks to go before Election Day, former Vice President Joe Biden continues to hold on to his lead over President Donald Trump, with most voters saying they trust the former VP to handle the key issues dominating the election cycle in America.
Vice President Joe Biden and Presidet Donald Trump will vie for voters in November. (AP Photo/Patrick Semansky)
3.) Secretaries of state and media experts agree: it will take a while before the results of the 2020 general election are known.
FILE - In this Tuesday, Aug. 18, 2020, file photo, a person drops applications for mail-in-ballots into a mail box in Omaha, Neb. U.S. Postal Service warnings that it can’t guarantee ballots sent by mail will arrive on time have put a spotlight on the narrow timeframes most states allow to request and return those ballots. (AP Photo/Nati Harnik, File)
4.) Finding strong indications of “bad faith” in the way Education Secretary Betsy DeVos denied 94% of student debt relief claims in recent months, a federal judge rejected a proposed settlement and fast-tracked a lawsuit over long delays in deciding borrower defense claims.
Education Secretary Betsy DeVos waits to testify before a House Committee on Appropriation subcommittee hearing on Capitol Hill in Washington, Tuesday, March 20, 2018. (AP Photo/Pablo Martinez Monsivais)
Regional
5.) A Tennessee security company’s effort to recruit and deploy an armed and paid militia to Minnesota polling places made its way to federal court Tuesday, where two nonprofits accused the company of trying to intimidate voters.
Voters line up to cast ballots a day ahead of Minnesota's primary election at the Minneapolis Election and Voters Services offices in August 2020. (Jim Mone/AP)
6.) New York accused an Amish church’s former cost-sharing partner on Tuesday of running an illegal insurance business that shortchanged some 40,000 enrollees who expected comprehensive health care plans.
Medical personnel work in the emergency department at NYC Health + Hospitals Metropolitan, Wednesday, May 27, 2020, in New York. At hospitals around the country, nurses, doctors and other health care workers are reckoning with the psychological toll of the virus fight, coupled with fears that the disease could flare anew later this year. (AP Photo/John Minchillo)
International
7.) The fiancée of murdered Washington Post journalist Jamal Khashoggi filed a lawsuit in Washington federal court Tuesday blaming Saudi Arabia’s crown prince and over two dozen other Saudi officials for his 2018 killing.
People hold posters of slain Saudi journalist Jamal Khashoggi, near the Saudi Arabia consulate in Istanbul, marking the two-year anniversary of his death, Friday, Oct. 2, 2020. The gathering was held outside the consulate building, starting at 1:14 p.m. (1014 GMT) marking the time Khashoggi walked into the building where he met his demise. The posters read in Arabic:' Khashoggi's Friends Around the World'. (AP Photo/Emrah Gurel)
8.) A federal judge denied bail Tuesday to the former Mexican defense secretary who was arrested in the U.S. last week on drug-trafficking and money-laundering charges.


courthousenews--2020-10-20--California AG Asks Court to Intervene in Ballot Box Fight With State GOP

( CN ) — The California attorney general has asked a judge to enforce subpoenas served on the California Republican Party , to order the removal of unofficial ballot drop boxes placed across the state and to turn over the names of voters who used the boxes .
This month , California Republicans arranged unofficial drop boxes in at least three counties outside places of worship and campaign headquarters .
California Attorney General Xavier Becerra and California Secretary of State Alex Padilla sent cease and desist letters last week to Republican chairs across the state , demanding the removal of @ @ @ @ @ @ @ the locations and number of boxes .
They also asked the California GOP to return any ballots cast in the unofficial boxes to local election officials .
Republican officials said they would comply , but the threat of legal action has not resulted in the requested information , according to papers filed by Becerra ’ s office in Sacramento County Superior Court on Tuesday .
“ Because the election date is quickly approaching , it is critical that the state ensure that any ballot that was deposited into a drop box is able @ @ @ @ @ @ @ county elections official for counting , ” according to the petition .
A California GOP spokesperson said the information will not be turned over .
“ This is an abuse of power .
The California Republican Party responded and objected to the attorney general ’ s subpoenas on numerous grounds , including the right to privacy , ” said spokesperson Hector Barajas .
“ We will stand up to this type of authoritarian bullying tactics.
” Republican officials have argued the party has the legal right to harvest ballots under state law , @ @ @ @ @ @ @ Republican Party said they would comply .
That didn ’ t stop some elected Republican officials from taking to social media to defend the unofficial drop boxes .
Representative Ken Calvert , a Republican representing the 42nd congressional district , rebuked the action by state election officials .
“ Instead of working with us to fix an error that was already quickly resolved , the Democrats that run our state tried to intimidate people of faith and Republicans and suppress their vote , ” Calvert tweeted .
“ We have stood our ground @ @ @ @ @ @ @ ” The state attorney general served Republican party chairs in three counties with subpoenas demanding information about the number of boxes and who placed their ballots inside them .
The California AG ’ s office set a deadline of Monday at 5 p.m. but the GOP did not budge .
Responding on behalf of the counties and the California GOP , attorney Thomas Hiltachk argued Becerra does not have the “ statutory authority to investigate noncriminal activities that are constitutionally protected under the First Amendment ” and “ regulated under the California Elections @ @ @ @ @ @ @ ” The response led to Tuesday ’ s petition by Becerra and Padilla .
“ Here in California , we ’ re doing everything in our power to protect the integrity of our elections , ” Becerra said in a statement .
“ Our work to ensure that all voters have confidence that their vote will count moves forward .
To the extent that unauthorized ballot drop boxes are redeployed , our investigation is ongoing and we will act where necessary .
We ask all Californians : if you see something , say @ @ @ @ @ @ @ take all of us working together to stand up for our right to vote and ensure a free and fair election.
” Barajas said the California GOP will not turn over the names of voters who attend “ religious services , frequent firearms retailers , participate in political events or engage in any other lawful activity .
”

The California attorney general has asked a judge to enforce subpoenas served on the California Republican Party, to order the removal of unofficial ballot drop boxes placed across the state and to turn over the names of voters who used the boxes.
(CN) — The California attorney general has asked a judge to enforce subpoenas served on the California Republican Party, to order the removal of unofficial ballot drop boxes placed across the state and to turn over the names of voters who used the boxes.
This month, California Republicans arranged unofficial drop boxes in at least three counties outside places of worship and campaign headquarters.
California Attorney General Xavier Becerra and California Secretary of State Alex Padilla sent cease and desist letters last week to Republican chairs across the state, demanding the removal of the boxes as well as information on the locations and number of boxes. They also asked the California GOP to return any ballots cast in the unofficial boxes to local election officials.
Republican officials said they would comply, but the threat of legal action has not resulted in the requested information, according to papers filed by Becerra’s office in Sacramento County Superior Court on Tuesday.
“Because the election date is quickly approaching, it is critical that the state ensure that any ballot that was deposited into a drop box is able to be confirmed as having reached a county elections official for counting,” according to the petition.
A California GOP spokesperson said the information will not be turned over.
“This is an abuse of power. The California Republican Party responded and objected to the attorney general’s subpoenas on numerous grounds, including the right to privacy,” said spokesperson Hector Barajas. “We will stand up to this type of authoritarian bullying tactics."
Republican officials have argued the party has the legal right to harvest ballots under state law, but a few days later the California Republican Party said they would comply.
That didn’t stop some elected Republican officials from taking to social media to defend the unofficial drop boxes.
Representative Ken Calvert, a Republican representing the 42nd congressional district, rebuked the action by state election officials.
“Instead of working with us to fix an error that was already quickly resolved, the Democrats that run our state tried to intimidate people of faith and Republicans and suppress their vote,” Calvert tweeted. “We have stood our ground and our legal ballot collections WILL continue.”
The state attorney general served Republican party chairs in three counties with subpoenas demanding information about the number of boxes and who placed their ballots inside them. The California AG’s office set a deadline of Monday at 5 p.m. but the GOP did not budge.
Responding on behalf of the counties and the California GOP, attorney Thomas Hiltachk argued Becerra does not have the “statutory authority to investigate noncriminal activities that are constitutionally protected under the First Amendment” and “regulated under the California Elections Code and by the secretary of state.”
The response led to Tuesday’s petition by Becerra and Padilla.
“Here in California, we’re doing everything in our power to protect the integrity of our elections,” Becerra said in a statement.
“Our work to ensure that all voters have confidence that their vote will count moves forward. To the extent that unauthorized ballot drop boxes are redeployed, our investigation is ongoing and we will act where necessary. We ask all Californians: if you see something, say something. It’s going to take all of us working together to stand up for our right to vote and ensure a free and fair election.”
Barajas said the California GOP will not turn over the names of voters who attend “religious services, frequent firearms retailers, participate in political events or engage in any other lawful activity.”