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San Diego Leaders React to Filner Allegations

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A compilation of some of the statements and reaction generated by recent allegations made against San Diego Mayor Bob Filner.

All statements have been published in full in our special section: Mayor Under Fire.

You can also read Mayor Filner's statement here or watch his videotaped message here.

U.S. Rep. Susan Davis:
“The mayor’s lack of understanding of the debilitating effects of sexual harassment, intimidation, and bullying is an affront to all."

Councilmember Kevin Faulconer:
“Unfortunately there's a whole host of legal questions we will be dealing with. Our City Attorney will be making sure we’re doing the right thing.”

Chief of Police William Lansdowne on investigating allegations of sexual harassment:
“If we knew who to talk to, we would talk to them,” “But we don't know, and no one is telling us.”

Councilmember Mark Kersey:
“There must be a full investigation of these claims. We have a responsibility to ensure that no city worker remains silent out of fear.”

Councilmember Scott Sherman:
“…Over the last two months it has become increasingly clear that the people’s business is unable to move forward with you at the helm of city government.”

Chula Vista City Councilmember and former Assemblymember Mary Salas:
"I'm really disappointed. I feel like it's imperative for Bob to resign. It's become apparent to me that his behavior is beyond boorish and beyond inappropriate."

State Senator Marty Block:
“The grave and horrific allegations against Mayor Bob Filner are shocking and disgusting, and I extend my deep sympathies and concern to any victims. If these charges are true, Mayor Filner should resign immediately.”

U.S. Rep. Scott Peters
"...it is absolutely clear that the Mayor will be unable to give the job the full attention it requires, nor will he have the credibility required to be the best and strongest advocate for the causes the voters elected him to champion."
 


Bachmann Aide Fired After Theft Arrest

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An aide for Rep. Michele Bachmann (R-Minn.) is out of a job after allegedly stealing cash from a Congressional office building.

According to U.S. Capitol Police, 37-year-old Javier Sanchez was arrested July 11 and is facing charges of second-degree misdemeanor theft from the Rayburn House Office Building.

An affidavit states there were two thefts reported between February 2013 and March 15, 2013 from Rep. Bachmann's congressional office, Room 2417.

Capitol Police placed a hidden camera in Room 2417 April 4 and placed two envelopes, one with $80 marked "Petty Cash" on one desk, and another marked "Birthday Money" with $120 on another desk. The money from both envelopes was reported missing June 25.

Surveillance video captured a man entering the office just after 6:30 p.m. June 14. The video shows the man opening the chief of staff's drawer, removing an envelope, counting money and taking the cash and envelope with him, the charging documents state.

July 9, Sanchez' boss identified the man in the surveillance video as Sanchez. The two have known each other since January 2013, according to the affidavit.

Two days later, Sanchez was interviewed by police about the incident and denied taking money from his co-workers' desks.

"I may have taken a quarter once and a while, but I would pay it back," Sanchez said in the affidavit.

Sanchez worked as a senior legislative assistant for Bachmann.

His lawyer confirmed to News4's Mark Segraves he was a staffer for Bachmann.

Monday evening, News4 learned Sanchez was fired. He is denying the charges, according to his lawyer.

Police reported a string of thefts from congressional offices at the same building last year, but it is not known whether they are linked to Sanchez. He previously worked for Rep. Virginia Foxx (R-N.C.).

Stay with NBCWashington.com and News4 for more on this developing story.

More D.C.-Area Stories:



Photo Credit: AP

NBC 7 San Diego News Live Stream

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If you're seeing black, chances are the broadcast is in commercial. Stay tuned.

NBC 7 can not live stream sports video because of licensing restrictions imposed by professional sports leagues.

If you have a news story you want to share, send an email to limsandiegonewstips@nbcuni.com.

If you have images of breaking news or weather around San Diego County upload them here.

Ill. Ex-Gov. Blagojevich Appeals Corruption Conviction

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Lawyers for Rod Blagojevich filed an appeal Monday challenging the imprisoned former Illinois governor's corruption conviction and stiff, 14-year prison term.

The lengthy filing with the 7th U.S. Circuit Court of Appeals in Chicago comes more than two years after the Chicago Democrat's retrial and 16 months after he entered a federal prison in Colorado.

The appeal cites a juror who allegedly expressed a bias against Blagojevich who was seated despite the objections of defense attorneys. It also raises longstanding claims that Judge James Zagel barred FBI wiretap evidence that might have aided the defense and argues the judge miscalculated the appropriate prison term.

The appeal was filed about 30 minutes before a midnight deadline to do so.
The deadline to appeal Blagojevich's corruption conviction already has been pushed back several times. Attorney Lauren Kaeseberg told the Associated Press the appeal will be filed in Chicago's 7th U.S. Circuit Court of Appeals but declined to comment on its contents.

Appeals can take years to play out, and defendants rarely prevail.

The deadline to appeal Blagojevich's corruption conviction already has been pushed back several times. Attorney Lauren Kaeseberg told the Associated Press the appeal will be filed in Chicago's 7th U.S. Circuit Court of Appeals but declined to comment on its contents.

Jurors convicted Blagojevich on 18 counts in 2011, including charges that he tried to sell or trade President Barack Obama's vacated U.S. Senate seat. He reported to a Colorado federal prison on March 15, 2012.

Kaeseberg said in March the former governor has found a variety of ways to occupy his free time, including teaching Civil War history, learning to play the guitar and keeping a journal.

"He's been doing a lot of reading. He's actually, you know, been sort of tinkering with different musical instruments with other inmates," she said.

Blagojevich's scheduled release date is May 23, 2024. If he stays in prison until then, he'd be 67 years old upon release.
 



Photo Credit: AP

NJ Grad Killed in Street Fight Sparked by Mistaken Identity

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A 20-year-old New Jersey man is charged in the murder of a recent high school graduate in an altercation sparked by an apparent case of mistaken identity, authorities said.

The dispute began when Jonathan Lafontaine of Totowa, with three friends inside a Jeep, pulled up alongside a Mercedes on Union Boulevard in Little Falls, prosecutors said. The Mercedes was filled with a group of five young people, including 18-year-old Brian Topoleski, returning from a night out at a local restaurant. 

The people inside the Jeep thought they recognized someone in the Mercedes and began to yell out to get their attention, according to prosecutors. They quickly realized they were mistaken but the exchange set off an altercation between the two groups. 

The Jeep took off toward a house in Little Falls, and the Mercedes followed. Once the Jeep arrived at its destination on Jacobus Avenue -- the home of a friend of Lafontaine -- the groups again exchanged words, prosecutors said. Lafontaine walked out of the Jeep and went inside his friend's home.

Meanwhile, the group inside the Mercedes, including Topoleski, walked out of the car and went toward the Jeep where the rest of the occupants -- a boy and a girl -- were still inside, according to prosecutors. 

At that point, Lafontaine reemerged from his friend's home with two steak knives and approached Topoleski and his friends, who by that point were preparing to leave. That's when Lafontaine punched Topoleski and stabbed him in the chest, prosecutors said. 

Lafontaine retreated into his friend's home after the stabbing, then hid in the backyard, authorities said. SWAT teams were called to the house, and eventually took him into custody without incident.

Topoleski was declared dead at St. Joseph's Regional Trauma Center.

Lafontaine is charged with first-degree murder and two counts of criminal possession of a weapon. Attorney information wasn't immediately available.

Prosecutors said the friend inside the Jacobus Avenue home had tried to stop Lafontaine as he left the home with the knives, and that the friend sustained cuts to his hand in his attempt. 

Topoleski had just graduated Cedar Grove High School and was set to attend Montclair State University this fall, his family said.

"My brother was just a nice, kind, caring kid," said Topoleski's brother Robert. "Anytime my sister had to go to swim practice, he would be the first to take her. My dad needed help at work, he would be there. Anytime his friends needed anything, he would drop anything for them."

-- Brian Thompson contributed to this report. 

Contagious Disease Spreading Among Philly Children

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With Philadelphia in the midst of another heat wave, many children seek relief in fountains, pools and spray parks. But local doctors are warning that the water is helping to spread a highly contagious disease that puts children, particularly infants and toddlers, at risk.

It’s called hand, foot and mouth disease, and it's caused by the coxsackie virus. Symptoms of hand, foot and mouth include fever, headache, loss of appetite and painful blisters that form on the palms of hands, soles of feet and lips -- hence the name (not to be confused with foot-and-mouth disease, a virus that can cause lockjaw in cattle and be fatal).

Doctors say children spread it in fountains, pools daycares, playgrounds and at home. They also say it’s extremely contagious among toddlers who haven’t been exposed to the virus before.

“It’s ubiquitous,” said Dr. Wenonah Nelson, a pediatrician at Bryn Mawr Hospital. “It spreads all over the place. It’s spread by respiratory droplet and probably spread by fecal route. So we ask people to be careful about hand wiping after diaper changes.”

Brooke Mailhiot of Mount Laurel, NJ says her 9-month-old son Chase was diagnosed with the virus.

“He had a loss of appetite and was very fatigued,” she said.

Mailhiot believes her son caught the virus after playing at a water park. Doctors also say however that children can catch it by picking up a shared toy that went from hand to mouth.

“The kids put everything in their mouth,” she said. “I just carry anti-bacterial wipes and wipe everything down.”

Doctors say the virus is rarely life-threatening and normally lasts about a week. They recommend parents follow Mailhiot’s example and wipe toys down with anti-bacterial wipes. They also say it can be treated with over the counter pain relievers. Other than that, they say, it’s best to just let it run its course.
 



Photo Credit: NBC10 Viewer

$2K Reward Offered After Dog Dies From Poisonous Meatball

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Oskar, a 7-year-old dachshund who ate poisoned meatballs that were left strewn about a San Francisco neighborhood earlier this month, has died.

His owner, Dorothy Schechte, said Oskar had a seizure minutes after consuming a meatball poisoned with strychnine. He was sickened and died Thursday of organ failure.

Schechter said the silence in her San Francisco home is heartbreaking.

"He would know when I came in either in front or in back," she said. "He'd bang against the door — I still wait to hear that."

Police said nearly 100 poisoned meatballs — apparently intended for local dogs — have been collected since July 3.

Animal Care and Control, along with police, posted warning signs in the San Francisco neighborhoods of Twin Peaks and Diamond Heights.

Authorities said testing reveals the meatballs are also lethal to humans. The Animal Legal Defense Fund is offering a $2,000 reward for information leading to a conviction in the case.

Schechter is eager to see an arrest so dog owners can relax and someone will be held responsible for Oskar's death.

"It's extremely important to show you can't get away with something like this and so Oskar didn't die in vain," she said. "I feel like my insides have been torn up because it was such a horrible way to go."

 

 



 

Pedestrian Struck, Killed in Tierrasanta

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San Diego police have blocked traffic along a section of Clairemont Mesa Boulevard in Tierrasanta after a fatal collision between a vehicle and a pedestrian.

There was a body covered by a yellow tarp lying in the street just south of De Portola Middle School just after 8 a.m. Monday.

Near the body, a gray vehicle was stopped in the left hand lane with damage to its hood.

Officers had the street closed to traffic soon after the incident occurred at 7:40 a.m.

Check back for updates on this developing story.
 


Filner: "I'm Not Going to Resign and Here's Why..."

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Embattled San Diego Mayor Bob Filner released a statement Monday saying he refused to resign and demanded his right of due process.

"As your elected mayor, I fully expect to be accountable to the citizens of San Diego for all of my actions. But as a citizen of this country, I also expect – and am entitled to – due process, and the opportunity to respond in a fair and impartial venue to specific allegations," Filner said in a written statement released by his spokesperson.

Read Filner's Statement Here

Several high-profile supporters and members of the Democratic Party including the City Council President Todd Gloria have asked the mayor to resign in light of allegations of sexual harassment in the mayor’s office.

Mayor Filner apologized for disrespecting and at times intimidating women in a videotaped statement Thursday.

The group that publicly spoke about "credible" evidence of harassment said they will read statements from several alleged victims at an event Monday.

Special Section: Mayor Under Fire

In Monday's statement, Filner appointed Walt Ekard as his Interim Chief Operating Officer.

“Some who have called for my resignation have justified it with the claim that the operations of the City will somehow be compromised by the current controversy,” Filner said in his statement.

“Today’s announcements make clear the operations of City government will not be negatively impacted,” he said in the release.

Filner has been unwilling to answer questions about the allegations. On Wednesday evening, when he was asked by an NBC 7 Investigates producer to address the allegations in several letters requesting his resignation, Mayor Filner said, "There are no allegations to respond to."

On Thursday, Filner released a pre-produced video in which he admitted he needs help and that he must change his behavior. Watch Filner statement here

On Friday, he resumed official duties without addressing the allegations to the media.

Then on Sunday, Filner appeared at the 2013 San Diego LGBT Pride celebration but talked only of his supporters and the history of the event.

Also Monday: in a statement to KPBS, Filner's former fiancée Bronwyn Ingram has also asked him to resign.

"Bob's behavior continued to become more aggressive, standard decorum seemed to disappear," she stated. "Bob recently began texting other women sexually explicit messages and setting up dates while in my presence and within my line of vision."

Ingram also said, "the mayor's office is now paralyzed, engaging only in defensive posturing and struggling to survive."
 



Photo Credit: NBC 7 News

Consumers Warn about San Diego Company

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A San Diego couple plans to sue a local law firm after they claim one of its employees made promises that weren't kept.

Guillermina and her husband Darko Radovanovic look back fondly on times spent in their Oceanside home.

“We have very happy memories and those we will keep. No one can take those away from us, but it is sad, sad,” Guillermina told NBC 7.

The couple bought their dream home at the height of the housing market and tried unsuccessfully to refinance.

“I mean, I would walk out of the banks upset, crying, because we didn't want to lose our house,” Guillermina said.

Stress over bills, nearly caused the couple to divorce. They decided the only option was to short sale their home and stop making payments.

“For both of us, it was really hard because I consider both of us responsible,” Guillermina said.

Darko and Guillermina wanted to buy another home, but short sellers normally have to wait at least two years to qualify for a mortgage.  A lender referred the couple to Georggin Law in Oceanside, a "financial and credit advocacy" law firm. Guillermina says she spoke with a man named Eric Phillips over the phone.

“He told me he was a real estate attorney,” she said.

Guillermina says Eric Phillips told her he could take the short sale off their credit report, so they'd be in a better position to deal with lenders.

“He said that our case was very good it was an easy case that's what he said. He said we have to pay in advance.”

In January, The Radovanovic's paid nearly $3,000 in advance and signed a contract. A few weeks later, they were told by a Georggin office assistant to prepare a letter of hardship. That was the last time they heard from Georggin law firm.

“That's when we start calling them, ‘hey we have a few questions on this letter that we have to prepare” and that's when we didn't start hearing back from them,” said Guillermina. Still I kept calling every day, sending emails every day, no reply.”

NBC 7 went to Georggin law's office, but the building manager said the company had moved out in June.

Their office number was disconnected, NBC 7 sent e-mails and did not hear back. 

The Radovanovics are not alone. Several Georggin law clients emailed NBC 7, saying they had paid the law firm thousands of dollars in upfront fees -- and then heard little or nothing in return.

Former Georggin employee, Lindsey Esser says most of the office personnel were trying to help clients.

She started working at the firm on a Monday last April. 

“By Wednesday I had 742 emails from angry people saying ‘you are in charge I want my money back,’” Esser said.

Lindsay said Eric Phillips told her there wasn't enough money in Georggin Law's account to pay the employees.

“My third paycheck I was asked to hold, my fourth paycheck I was asked to hold.”

Lindsey said money was coming into the firm from client's upfront retainer fees, but claims Phillips was using them for personal use. Lindsey said the firm's accountant kept track.

“Anytime that Eric had used the card for personal relief, for personal expenses it automatically documented it and she would go in and highlight it and put it under Eric health insurance, Eric gym membership, Eric truck payment, Eric alimony.”

Lindsay quit working at the Georggin Law firm only five weeks after she started, she says most of the other employees went with her.

“I don't think they had any other option but to close the doors, there was no possible way for them to continue.”

NBC 7 called Eric Phillips on his cell phone.

He didn't want to go on-camera and said, "I just don't have any information, I hope everyone gets a resolution." 

Phillips said he wasn't an attorney, and was working as a paralegal. The Georggin law website lists him as "Vice President and Senior Case Analyst." He did say that money from Georggin law covered his car payments, rent and food. He also said employees were not paid on time.

The firm's owner Ernest Georggin, who is a licensed attorney, also declined an interview, only saying he had "initiated an investigation."  

Under state and federal regulations, credit repair companies cannot charge up-front fees, but California law exempts licensed attorneys.

Phillips said since Georggin is a law firm, not a credit repair organization, they do not fall under the Federal Trade Commission's Rules.

Some clients believe they qualify for a refund.

“The verbiage in the contract states 100 percent guarantee, but it’s not going to happen because there's always a different avenue of approach,” Lindsey Esser said.

Georggin contracts state that retainer refunds were only to be given under specific circumstances.  The contract also states the firm would "not guarantee the removal of a short sale/foreclosure.”

Still some clients say they were promised refunds.

Customer Matthew Solomon provided NBC 7 an April 2013 voicemail from Ernest Georggin.

It stated: “Hey Matthew, this is Ernie Georggin, leaving you a message, Georggin law. I would like you to know that your payment has been approved. We intend to repay you...call for Lindsey you will be hearing from her every single week until this thing is resolved."

That message was the last time, Solomon heard from anyone at Georggin Law.

The Better Business Bureau gives Georggin Law a grade of F due to "concerns regarding FTC-prohibited practices, unethical advertising and business practices."

The Radovanovic's plan on suing the Georggin law firm in civil court, but say it's not about the money.

“I am hoping that other people kind of learn from this,” Darko Radovanovic said. “It's like shame on us we made a mistake and other people might learn from this and say before you jump into something, just do your research.” 

Several clients said the FBI is conducting an investigation into the Georggin Law Firm.

A spokesperson from the agency said they couldn't confirm or deny an investigation, but told NBC 7 "we are aware of the complaints."

Eric Philips and Ernest Georggin told NBC7 they have been interviewed by an FBI agent.

Several clients also say they have filed complaints with the State Bar.

Student Candidate Jailed for Stealing Votes

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A San Diego student who was found guilty of stealing identities and passwords of fellow students to rig campus elections and win the presidency was sentenced to one year in prison on Monday.

Matthew Weaver, who ran for president of the Associated Students last year, tried to win the Cal State University San Marcos Associated Students presidency by stealing identities of more than 700 students. But just hours before the voting ended, employees found Weaver using a university computer to cast votes for himself and four friends.

The 22-year-old old Huntington Beach resident was arrested in February after the FBI led a year-long investigation of Weaver on suspicion of wire fraud and access device fraud.

If the plan had succeeded, Weaver and his friends would have received a total stipend of $36,000 for their work in the student government. He also would have been in charge of a $300,000 budget for CSUSM.

Weaver pleaded guilty in March to wire fraud, unauthorized access of a computer and identity theft. He also admitted that he used small electronic devices to steal 745 student passwords, using it to check student’s email and Facebook accounts for passwords.

“Weaver determinedly and repeatedly spied on his classmates, stole their passwords, read their secrets, and usurped their votes – and he did it with his eyes wide open,” read the sentencing memorandum. “Weaver actually researched the legality of his scheme beforehand…and then, when he knew it was completely illegal, he researched how to blame someone else.”

U.S. Attorney Laura Duffy said Weaver’s behavior serves as a warning to others who believe they won’t get caught for a similar crime.

“Weaver ran roughshod over the privacy rights of hundreds of people so that he could indulge his vanity,” Duffy said in a statement. “If privacy is to mean anything in a digital age, it has to be protected.”



Photo Credit: Getty

Arrests After Violence Mars LA Protest

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Los Angeles police made arrests after a peaceful prayer vigil gave way to violence at Leimert Park on Monday, the second night of unrest after the acquittal of George Zimmerman in the shooting death of Trayvon Martin in Florida.

Fourteen people were arrested -- most for failure to disperse -- in connection with the violence, Los Angeles Police Department officials told NBC4 Tuesday morning. Aerial video caught some throwing rocks, attacking people and clashing with police. No serious injuries were reported, police said.

A prayer vigil began peacefully about 6 p.m. before a group broke off from the vigil and incited chaos in the streets. Just before 10 p.m., the Los Angeles Police Department declared the protest an unlawful assembly and dispersed the gathering, an LAPD spokesman said.

"The rights of the many have been abused by the actions of a few," said LAPD Chief Charlie Beck.

The area quickly cleared and officers detained several people. Beck said officers will be out in force Tuesday night to prevent a repeat of the violence

"The best way to honor (Trayvon Martin) is in a nonviolent manner," said Los Angeles Mayor Eric Garcetti. "The Martin family didn't ask anybody to break car windows. They didn't ask anybody to take little kids' scooters. They didn't ask anybody to attack businesses. And they certainly didn't say to take over traffic in the streets."

Protesters showed disapproval of a jury's not guilty verdict in the case of George Zimmerman, a 29-year-old neighborhood watch captain who fatally shot Trayvon Martin, an unarmed black 17-year-old in a Sanford, Fla., gated community.

The Zimmerman trial fueled a national debate about race, guns and Florida's "stand-your-ground" law that broadens the definition of self-defense and the legal scope of the use of firearms in exercising it.

On Monday night, a majority of protesters were gathered at Leimert Park (map), but a violent group split off and walked up and down surrounding streets, rushing into businesses, attacking pedestrians and bicyclists, breaking windows and throwing objects at police.

LAPD officers appeared to use rubber bullets or bean bag weapons against some of the protesters at one point.

Cameras also captured an attack on a CBS2/KCAL9 news crew as they conducted an interview. The crew members were treated for minor injuries, according to the station.

As a violent group split off from the peaceful prayer vigil, Los Angeles Mayor Eric Garcetti tweeted: "I commend the prayer rally attendees in Leimert Park for practicing peace. I call on people in street on Crenshaw to follow their example."

LAPD Chief Charlie Beck tweeted: "Violence is never the answer. Urging all protestors around LA 2let peace prevail.This is OUR City and we need to work 2gether 2 preserve it"

In Oakland on Monday, a group of protesters briefly blocked Interstate 880.

On Sunday night in Los Angeles, police made arrests and issued citations during demonstrations across the city.

At one point, protesters blocked Interstate 10 at Arlington Boulevard for more than 30 minutes. At another, a group broke off and walked into the W Hotel, causing some $15,000 in damage to the lobby, said LAPD Cmdr. Andrew Smith, a department spokesman.

On Monday night, Smith said, the protests began peacefully but a group broke off and turned violent.

"It originally started out as a peaceful protest, as they all have, and we certainly support that - in fact encourage people to peacefully protest, exercise their First Amendment rights," LAPD Cmdr. Andrew Smith told NBC4. "But what happened here unfortunately is some people took this as an opportunity to break into buildings, to jump on cars, to commit acts of vandalism, to assault other people and to commit some thefts from some of the buildings here."


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Mayor Filner: "I'm a Hugger"

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It’s not a good time for the city and not a good time for him personally, Mayor Bob Filner said Monday, but he won't give in to calls for his resignation because he has important work to do for the city of San Diego.

Special Section: Mayor Under Fire

In a 10-minute television interview conducted after allegations were made about inappropriate touching and comments toward female constituents and women on his staff, Filner said he was concerned about anonymous sources and the lack of due process.

“I’m greatly concerned about any personal actions I’ve done. I would like to make it right to anybody I’ve offended,” Filner stated at the beginning of the interview.

Several days ago Filner admitted he needed help and that he has disrespected women and at times intimidated them in the past. But the mayor vowed to change.

In contrast Filner pointed to his personality and managerial style Monday as possible causes for misunderstandings that led to the allegations.

There is a difference between someone who’s tough to work with and sexual harassment Filner said.

“There is a difference there,” Filner said in the KUSI interview. “I am taking steps personally to have more self-awareness of how my actions might be taken.”

When asked how so many women can be so wrong, Filner corrects the interviewer stating he is not aware of how many women were making the allegations because the claims have been anonymous to this point.

“I’m a very demonstrative person. I express myself demonstrably. I’m a hugger. Of both men and women,” Filner explains. “As it turns out that those are taken in an offensive manner, I need to have a greater self-awareness of what I’m doing and we will correct that. I am taking those steps.”

Filner said he hopes to end the “dueling press conferences” and move the discussion toward formal charges so he will have a chance to defend himself.
 

KUSI.com - KUSI News - San Diego CA - News, Weather, PPR



Photo Credit: KUSI

Guava Fruit Flies Threaten California's Fruit Industry

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Sweet, juicy and ready to eat. Oranges have been sprouting from the Zermeno's tree in the front yard for more than 50 years. But now an enemy of all things fruit has moved into their neighborhood - the guava fruit fly.

"We hate to lose it to an insect," George Zermeno said Monday night as he looked at his orange tree. "We have other trees on our property as well that we hate to see infested with it as well. There's high concern here,"

Three guava fruit flies were trapped and caught in the Mayfair neighborhood in San Jose in recent days. They come from South Asia and somehow made it over to the Bay Area.

"The first thing that we did when we caught the very first one was we put out hundreds of traps to really pinpoint and find out how severe the infestation is," said Joseph Deviney, Santa Clara County Agricultural Commissioner.

The guava flies love fruit, laying their eggs on the inside. If left unchecked, there could be tens of thousands of flies flying around in a matter of weeks.

"Foreign countries where we ship our produce to. $43 billion industry moving produce all over the world. A lot of those countries might say halt, stop., I don't want that fly. Don't ship anything to me. And then it would get more complicated for exports," Deviney said.

Santa Clara County agricultural crews will be putting up "bait stations" on all of the trees and utility poles around the Mayfair neighborhood. A sticky, gelatin like insecticide substance will be applied onto the trees and poles about ten feet above the ground. This should attract any guava fly. They will feed on it and die.

For the Zermenos, losing the orange tree would be a big blow. It's been part of the family's life for so many years. 

"It probably would be devastating because I know if this insect attacks the tree, it would go pretty quick. So there's not a whole lot we would be able to do at that point. It would be sad to see that tree go," Zermeno said. 

 



Photo Credit: NBC Bay Area

Big Ben's Market Fire Under Investigation

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Firefighters are investigating a fire at a National City neighborhood supermarket.

The fire broke out around 1 a.m. at Big Ben’s Market on 8th Street.

Battalion Chief Larry Silva said there was heavy smoke and fire coming from the roof when crews arrived.

“It was tough to get to the seat of the fire,” Silva said explaining how the second story was accessible from the inside only.

“Most of the fire was coming from the second floor coming through the roof,” he said.

The damage was contained to the second story which is used for storage.

Investigators say they are looking into whether an existing construction project caused the fire. 


Evacuations Ordered in Riverside County Wildfire

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Mandatory evacuations were prompted by a growing wildfire in dry mountain terrain south of Idyllwild, Calif., that also shut down two highways on Monday afternoon.

The blaze in southern California's San Jacinto Mountains was at 4,700 acres by 6 a.m. Tuesday and continued to burn through the morning. The fire was at 10 percent containment as of 6 a.m. Tuesday, according to the U.S. Forest Service incident report.

Evacuations were ordered for the Living Free Animal Sanctuary, Bonita Vista Community of about 20 homes and four homes at Fleming Ranch, according to the Riverside County Fire Department.

Dubbed the Mountain Fire, the wildfire was under attack from 650 firefighters, eight helicopters and seven air tankers, according to a fire department incident report.

It was burning in the community of Mountain Center in the San Jacinto Mountains (map), about 4 miles south of the resort town of Idyllwild.

An incident report noted the growth potential of the blaze was "extreme" with highly difficult terrain. Multiple structures had been damaged, but the report could not confirm the number of structures or the extent of the damage.

Eastbound Highway 74 was closed east of the U.S. Forest Service Cranston Guard Station; westbound lanes were open. Highway 243 was closed at Saunders Meadow.

Refresh this page for updates.

Photo credit: NBC4 viewer Joe Chiosso.

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Mayor Hires Lawyer to Fight Allegations

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In a media interview, Mayor Bob Filner revealed he has hired an lawyer to help him fight allegations of workplace and sexual harassment.

That attorney is identified as Harvey Berger, a Hillcrest-based lawyer whose Web site said he has almost 30 years experience with employment law and specializes in helping clients avoid lawsuits.

Berger was not available for comment late Monday, and one of his employees told NBC 7 that Berger has instructed his staff not to discuss any aspect of the legal work he might be doing for Mayor Filner.

NBC 7 also learned that the embattled mayor reportedly met with at least one other law firm over the weekend. Sources said that the mayor visited the law firm of Brownstein, Hyatt, Faber and Schreck, located in downtown San Diego in the NBC Building.

The Hyatt Faber law firm told NBC 7 that Filner is not a client of the firm.

Allegations against mayor detailed

Local attorney Phil Kossy, who is an expert in employment and sexual harassment law, is not surprised that Filner hired a lawyer.

Kossy said the wording of Filner’s latest news release is evidence of an attorney’s involvement.
That news release reminds San Diegans that Filner is "entitled to due process" and asserts that a "full presentation of the facts will vindicate" him.

"Certainly they're legal terminology, but they also suggest that a lawyer has crafted them or edited them," Kossy said.

Filner: "I'm not going to resign"

Legal experts agree the city could refuse to pay for Filner's lawyer if it finds that his alleged wrong-doings were committed outside the course and scope of his employment as Mayor of San Diego.
But Filner could fight that decision, especially if his attorney defeats the lawsuits.

"And if the city doesn't voluntarily reimburse (for his legal costs), then he could probably file a lawsuit for those fees and expenses," Kossy said.

No matter who pays– taxpayers or Filner himself-- the legal costs of defending against a sex or workplace harassment lawsuit would be substantial.

"You're possibly looking at a half-million dollars,” employment law specialist Aleen Haeggquist said. “And this is a very high profile case, so I think the expenses would be even higher."

Hillcrest Church Fire Investigated

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In Hillcrest firefighters are investigating what may have caused a fire at the First Unitarian Church on Front Street Tuesday. Just after 12:20 a.m. San Diego fire was called to 4190 Front Street with reports of flames coming out of the preschool office on the church's property. Fire crews had the flames out by 1 a.m. There was damage to the offices and the playground.

Fallen Tree Blocks Apartment Units

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Tenants of the Orchard Apartments in San Diego woke up Tuesday with a massive tree on their doorsteps.

A tree that stood taller than the two-story complex on Hancock Street fell early Tuesday morning, blocking access to several units and resting on a stairwell along the side of one building.

San Diego police were called just after 6 a.m. to help because witnesses thoguht some residents may have a tough time getting out of their homes blocked by the tree’s huge branches.

No one was trapped officials said.

Officers said it appears a chimney was about to collapse under the weight of the tree.

Maintenance crews believe it will take approximately two hours to clear away the downed tree. They'll cut it piece by piece and remove it from complex.

Check back for updates on this developing story.
 



Photo Credit: NBC 7 News

David Beckham Could Bring MLS Back to Florida

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It has been over a decade since the Miami Fusion disbanded and South Florida was left without a Major League Soccer franchise, but that could change soon thanks to international soccer legend David Beckham.

Beckham's 2007 contract with the LA Galaxy included a provision that would allow him to buy a new MLS franchise for $25 million, an unprecedented provision that could help bring the MLS back to Florida.

The 38-year-old Beckham announced his retirement in May, and visited a number of stadiums in South Florida last month with Bolivian billionaire and soccer club owner Marcelo Claure. The two toured Sun Life Stadium, and FIU's football stadium, and also met with numerous local politicians (including Miami-Dade mayor Carlos Gimenez and county commissioner Jose Diaz).

Beckham told UK paper The Sun that an official announcement regarding his plans is looming. "It will be in a few months maybe but it's important to get it right," he said.

"This is a big decision where I'll have my franchise and how I'm going to do it. It's something I'm excited about."

Florida used to have two MLS franchises, the Miami Fusion and Tampa Bay Mutiny. The Fusion played from 1998 through 2001 at Lockhart Stadium in Ft. Lauderdale, winning the Eastern Conference regular season title in 2001 as well as the Supporters' Sheild, given to the team with the highest point total.

But the Fusion and Mutiny both disbanded after the 2001 season, as the league contracted from 12 to 10 clubs due to poor attendence and insufficient corporate sponsorships. But MLS has grown in popularity in the intervening decade, helped by strong World Cup showings from the US Men's National Team and the continued growth of youth soccer in America.

MLS does not have any franchises in the southeast - the closest teams to Florida are the Houston Dynamo and DC United. In June, MLS executive vice president of communications Dan Courtemanche hinted at plans to expand into the southeast.

"We're going to start to formulate our plan for the future and potential growth for beyond 20 teams," Courtemanche told the Sun Sentinel in June. "We certainly believe that an MLS team could be very successful in both South Florida and Central Florida."



Photo Credit: Getty Images
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