An earthquake struck Anza, Calif. on Tuesday afternoon, according to U.S. Geological Survey.

The 3.5 magnitude quake struck around 4:21 p.m. on Tuesday afternoon, about 60 miles northeast of Escondido.

No immediate damage was reported. 

Johnny Williams spent 14 years in prison for an attempted rape he never committed. On Friday, a judge overturned his conviction. And on Tuesday, the 37-year-old Williams spoke publicly for the first time.

"I'm truly happy," Williams said in a one-on-one interview at Santa Clara University. That's where a team of students and lawyers comprising the Northern California Innocence Project helped prove that the DNA on a 9-year-old's T-shirt did not belong to him. The DNA is what lead to his 1998 attempted rape arrest.

"Everything happens for a reason," he said.

This is the second innocent person the Innocence Project has exonerated this year, and its 16th victory since its creation in 2001. The class at Santa Clara University also helped free Ronald Ross, 51, who was convicted in 2006 for an attempted murder, and was released at the end of February, when the judge dismissed the case.

Williams, born and raised in Oakland, has a different twist to his story.

He served his entire 14 years and was released from prison in January.  So, when Alameda County Superior Court Judge Larry Goodman wiped his record clean, he had already served out his whole punishment, the last stretch at Richard J. Donovan Correctional Facility in San Diego - one that began when he was 23 years old.

Before this, he had no criminal record.

But Williams on Tuesday did say that his life had been heading in the wrong direction before his arrest. He said he never graduated high school and never finished college. Being behind bars for most of his adult life made him realize he now has a second chance.

"I want to learn from my past experiences," Williams said, not wanting to elaborate on his past life in Oakland. "I'm just happy to be back on the streets. I'm trying my best to get a job and go to school."

As for the Oakland police who arrested him, Williams only had this to say: "We all make mistakes."

On Sept, 28, 1998, a man who called himself  “Johnny” sexually accosted a 9-year-old girl as she walked home from school.  The next day, while walking in the same area, the same man attempted to rape her. Williams was a former neighbor of the girl and familiar with her family.  When the girl first reported the assault she did not say she knew the attacker, which suggested a stranger.

However, people who knew the girl suggested to police that “Johnny” may be Williams, according to Santa Clara University's Innocence Project.  One week after the attack, Oakland police collected the clothes the girl was wearing during the assault.  Forensic tests at the time of trial were unable to confirm biological evidence and no DNA testing was performed.  On June 8, 2000, Williams was convicted of two counts of forcible lewd conduct against a child and one count of attempted rape. 

Williams wrote the Innocence Project a letter, and the students took up his case along with their sister organization, the California DNA Project. Working with the Alameda County District Attorney's Office, the T-shirt was retested and Williams' DNA was excluded.

The Innocence Project's supervising attorney Maitreya Badami said years were taken off Williams' life, but he is eligible for a significant sum of money. All eligible, exonerated prisoners can earn up to $100 a day for every day they wrongly spent in prison. Badami said that could be about $500,000, and even though it may take a long time to get it, Williams is definitely a candidate for that money.

Related stories:

Wrongly Accused Oakland Man Set Free

Santa Clara University Class Helps Clear Name of Convicted Sex Crimes Suspect

 Contact Lisa Fernandez at 408-432-4758 or lisa.fernandez@nbcuni.com.

An air traffic control tower in Ramona is threatened by a closure because of cuts from sequestration.

The Federal Aviation Administration proposed to close the Ramona tower because they said it is not considered crucial to national use. The tower was built in 1995 after three people died when two forest service planes collided.

This airfield serves as "ground zero" during fire season and CAL Fire needs the runway for air tankers that fight wildfires.

Fire chiefs and county supervisors gathered at the Emergency Operations Center on Tuesday to voice their concerns should the tower be shut down. They insisted that closing the control tower is an invitation for disaster.

Many argued that the tower is an asset during disaster situations, including fires. San Diego County Supervisors Ron Roberts and Dianne Jacob said the tower helps protect more than 1.7 million acres – including land within U.S. Forests.

“Public safety is at stake,” said Jacob. “If the federal government closes the tower next month, CAL Fire’s aerial capabilities would be put at risk.”

Jacob also says closing the tower would save the federal government about $500,000 a year. She said that’s not nearly enough to outweigh the risk to lives and property.

CAL Fire chiefs said the local base responds to more than 400 calls each year and said the base was a significant aid in the 2003 and 2007 wildfires. Nearly 20 firefighter aircrafts can also be operated out of the Ramona tower.

Supervisors ultimately voted to formally oppose the tower’s closure.

An FAA spokesman had no specific response to those concerns. but the agency says sequestration and budget problems are forcing it to close towers at many of the nation's smaller, low-volume airports.

The administration is accepting public feedback on the closure until Wednesday afternoon at 1 p.m. Those who wish to comment can email them at ClosureComments@faa.gov.

Two teenagers were reunited when they rescued a man who was seriously injured in an accident in Chula Vista late Monday night.

Aljael Ramirez, 18, and 19-year-old Giovanni Lucatero both stopped separately along Interstate I-805 around 11 p.m. when they saw a man hurt on the road. The driver had lost control of his car and was ejected after his car rolled over.

Both teens pulled over to help. While they were performing CPR on the driver, they recognized each other. Turns out they're high school buddies who used to swim together.

“I'm doing chest compressions and he looks at me and he goes, 'Choco?' And I go, 'What's up man?'” said Ramirez.

Lucatero is training to be an aerial survival technician in the coast guard and Ramirez is a volunteer firefighter. The duo helped each other perform CPR, which was able to save the man’s life.
 
"And at that point all the stress I was feeling as soon I saw him it immediately went away cause I knew we both knew what we were doing,” said Lucatero.

This isn’t the first time the teens have been confronted with a lifesaving situation. Ramirez is volunteering with La Mesa Fire and hopes to one day save lives for a living.

"I remember when I was a little kid, I'd be dressed up in rain boots and a fire helmet going into Albertson’s to go shopping,” he said. “I was just that kid always in a fire fighter jacket.”

Lucatero’s father worked in emergency response and said he grew up listening to his stories. 

“Whenever he'd come back from fires, I'd have his firefighting gear on,” he said.

So it was a complete coincidence that the biggest rescue of Ramirez and Lucatero’s young lives also turned out to be a happy reunion.

“It was instant comfort to see him,” said Ramirez. “I said, ‘Okay, we're going to be okay.’”

A former roommate described the bondage, discipline and sadomasochism (BDSM) lifestyle and power struggles going on between the three defendants in the murder trial of a North County Marine wife.

U.S. Marine Louis Ray Perez, Jessica Lynn Lopez and Dorothy Grace Marie Maraglino face murder charges in the death of Marine wife Brittany Killgore.

Killgore, 22, of Fallbrook was found dead near Lake Skinner in Riverside County on April 17 - three days after she was reported missing.

As the investigation into Killgore’s death expanded, more details were revealed about the unusual family dynamic that existed between Perez, Lopez and Maraglino in a home on East Fallbrook Street.

Timeline: Brittany Killgore Murder Investigation

On Tuesday a former roommate testified at the preliminary hearing, describing the BDSM culture inside the home including “play scenes”, “needle play”, dominants and submissives.

Lopez and Maraglino had a slave/mistress relationship and had a contract describing that relationship according to testimony heard Tuesday.

Perez was referred to as “Master” the former roommate testified.

The woman explained how a slave would normally go through a year-long training period that included personal hygiene checks, field trips only with permission, household chores and financial obligations to the home.

She explained how she met Killgore in early to mid-2011 after Maraglino met a woman named "Liz."

Killgore’s friend Elizabeth Hernandez testified Monday that she met Maraglino when she was shopping for a fertility monitor through the Pendleton Yard Sales site.

Soon after, Hernandez and Killgore visited the home several times to hang out or watch movies.

At times, Maraglino would bake and the women would share recipes or discuss their challenges of infertility according to Hernandez.

Hernandez testified she knew about the activities that took place at the home and even described a “spider web” on the wall that was used to tie someone up.

However, Hernandez (pictured right) testified she and Killgore did not participate in the BDSM behavior.

“We were both curious, we never heard of something like that,” she testified adding that she once told Maraglino that she respected her lifestyle as long as she didn’t have anything to do with it.

The former roommate testified Maraglino, who she called “Dee,” thought Liz was submissive and would fit in well in the community.

“She liked Brittany because she thought she could be controlling and be a good dominant,” the witness said.

After leaving the witness stand Tuesday, the former roommate embraced Brittany Killgore’s family.

She testified that she came forward because she felt she owed it to Brittany to be able to give her parents closure. 

A Welsh charity worker on “sick leave for stress” was vacationing in Australia where he made headlines after wrestling a shark away from children, the BBC reported. While beach goers and lifeguards praised Paul Marshallsea for his bravery, his bosses disagreed.

Marshallsea, 62, and his wife, Wendy, 56, were in Bulcock Beach when 6-foot-long dusky whaler shark swam up to shallow waters. A nearby local TV crew was able to film Marshallsea grabbing the shark by the tail and guiding it into deeper waters.

Marshallsea reportedly came home to a letter of dismissal from the Pant and Dowlais Boys and Girls Club where he had worked for 10 years as a project coordinator. The Club's trustees wrote, “Whilst unfit to work you were well enough to travel to Australia and, according to recent news footage of yourself in Queensland, you allegedly grabbed a shark by the tail and narrowly missed being bitten by quickly jumping out of the way,” the BBC reported.

The charity worker argued that he and Wendy, who was also fired from the charity, were advised by a doctor to take a break from work.

“I didn’t have a broken leg or a bad back, I had work related stress,” Marshallsea told the BBC.

In a second letter, the trustee cited Marshallsea’s termination with the charity as a "breakdown" of confidence and trust.

According to the BBC, the Pants and Dowlais Boys and Girls Club was advised not to comment on the matter.

New Jersey environmental protection authorities say the operator of one of the state's most noxious landfills can try to use industrial-strength deodorant to cover up the rotten-egg stench wafting from the Morris County dump to neighboring highways, homes and nostrils.

Residents who live near the Fenimore Landfill in Roxbury have been complaining about the odors emanating from the garbage site, which reopened in 2011 after a 32-year closure so authorities could fill it, cap it and build a solar facility on top of it. 

But Daniel Marchese, an attorney representing a group of residents suing to have the landfill shut down, say the operator has not stopped accepted refuse. Until that happens, the capping phase of the project cannot begin, which means those who live near the dump continue to be afflicted by its malodorous smells, according to NJ.com.

As an interim solution, landfill operator Strategic Environmental Partners said it wanted to see if applying industrial-strength deodorants to the landfill helped prevent the smell from spreading. 

Strategic tells NJ.com it's had a large amount of deodorant sitting in a trailer since the beginning of December, but it had to wait for approval from the state's Department of Environmental Protection before using it.

New Jersey's DEP authorized the deodorant application this week, saying Strategic could apply it to a small section of the landfill, and if the plan works to reduce the odors without causing any undesirable environmental effects, it could expand.

Marchese says the residents he represents aren't thrilled about the use of chemicals to try to eradicate the stench, but at this point, "we want the smell to go away," he told NJ.com. 

The attorney said he wrote a letter to Gov. Chris Christie last week, asking the Republican to press for swifter action to mitigate the odor. Marchese said he didn't hear back from Christie, but said the governor wouldn't have to go far to smell the rotten-egg stench since he lives nearby.

"All he has to do is take a 10-minute trip to Route 10. The smell is the worst it’s ever been. It reaches all the way to Town Hall now," Marchese told NJ.com.

A judge gave Strategic until Friday to "certify that no further (construction and demolition) deliveries are needed" to complete the first phase of the solar project, and that it needed to give 72 hours notice if more deliveries were necessary, reports NJ.com. 

A dolphin has been spotted in New York City's East River, near East 96th Street in Manhattan. 

Check your medicine cabinet. You might have a common drug which a new FDA warning says may carry serious or even fatal heart risks.

The warning comes 10 months after a study published in the New England Journal of Medicine found a small increase in cardiovascular deaths among people being treated with azithromycin, usually called Z-Pak capsules.

The capsules are a good, broad spectrum antibiotic taken over five days to fight respiratory infections.

But now the FDA says people with certain heart problems are at a higher risk of having serious side-effects from azithromycin, which the FDA warning says "can cause abnormal changes in the electrical activity of the heart that may lead to a potentially fatal irregular heart rhythm."

Doctors and pharmacists are taking note.

"The warning is meant for prescribers just to alert them that there is this incidence of increased risk of cardiac death for people that took Z-Pak that already had this heart defect," said Andy Komuves with Dougherty’s pharmacy in Dallas.

"The warning specifically deals with the patient group of people that have heart defects that cause arrhythmia, people who have something called prolonged QT interval, which is a type of arrhythmia and people who have slow heart rate or people who are potassium or magnesium deficient," said Komuves. "If you're not one of those patients, you don't have to worry about the Z-Pak."

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The FDA says patients should not stop taking the Z-Pak without first talking to your health care professional, and seek immediate care if you experience an irregular heartbeat, shortness of breath, dizziness or fainting while taking it.

But if you do have a heart defect, Komuves recommends that you talk to your doctor before taking another dose.

More: FDA Azithromycin Warning

The cameras of the world were fixed on the humble chimney atop the Sistine Chapel Tuesday awaiting a smoke signal from the conclave meeting to elect the new pope when a winged creature appeared.

It was not the Holy Spirit, but a seagull, who suddenly became the talk of Twitter and the news organizations covering the papal election.

"Maybe the seagull on the stovepipe will be our canary in the coal mine," NBC's Mark Luka tweeted. "Will he feel the heat rising?"

Black smoke had billowed from the copper chimney twice before the bird made its landing Tuesday and spectators were awaiting the results from an afternoon vote.

The bird groomed itself, pecking at its feathers, shaking itself out, seemingly unabashed by the media attention.

Its every move was carefully monitored on air and on social media -- where it spawned the Twitter accounts @PapalSeagull and @SistineSeagull.

It flew away, but then returned. It left again and was soon replaced by a fellow seagull. It lifted its leg, and the speculation intensified. Could it be that the bird was feeling heat from below? Perhaps the bird was feeling chilly and trying to warm itself. Or maybe there was a pope. See the speculation and commentary below.

Blood marrow drives are scheduled all across the state of California to help a Los Angeles woman who is fighting for her life.

Carol Martin-Hicks, a two-time breast cancer survivor, thought she was cancer free and then discovered she has leukemia.

Without a bone marrow transplant the wife and mother of two has a slim chance of survival.

No one in the database of registered bone marrow donors provided a match. Martin-Hicks’ siblings could not provide a match either.

Martin-Hicks’ Alpha Kappa Alpha sorority sisters are rallying communities all across the U.S. to find a bone marrow donor.

“She’s just amazing,” said Dr. Darlene V. Willis, President, Alpha Kappa Alpha Sorority, Inc SD Grad Chapter.

"We have to make this a priority because this is a life. There's nothing more valuable than life,” Willis said.

To help save Carol's life, thousands her Southern California Alpha Kappa Alpha Sorority sisters have teamed up with BeThe Match, to host a bone marrow drive Saturday.

Here in San Diego, the drive will be held Saturday, March 16, 2 to 4 p.m. at the Alpha Center at 6323 Imperial Avenue. Ideally, they're looking for peple 18-44.

African Americans make up only 7 percent of the 10 million registered donors so the word is spreading to other California cities to try and encourage members of the community to donate.

"We can do this. I bet you have a donor out there that could match her,” Willis said.

For more information on Carol Martin-Hicks and the process of bone marrow donation, click her page on BeTheMatchFoundation.org.
 

U.S. Navy corpsmen heading into combat are honing skills that could save their lives and the lives of their comrades thanks to a Hollywood movie set located among the palm trees and sunshine of San Diego.

At Stu Segall productions in Kearny Mesa, the world of combat comes alive for those preparing for it.

The environment is intense from gunfire and explosions to real amputees playing the roles of injured Marines.

There are even special effects. A special medical suit allows corpsmen to perform real procedures on real people.

At Strategic Operations the directors or instructors are senior corpsmen who've done multiple combat tours.

The stars or students are corpsmen like HM3 Shane Faulker who is learning skills he’ll need to help the wounded on the battlefield.

Faulkner is approaching his first deployment where he'll serve alongside Marines

“It's so easy to do your assessment and do what you need to do like in a calm area but once you get thrown out in it you're just like ‘Oh Wow,’” Faulkner said.

Being able to function efficiently under real combat pressure is what's being tested in this recreation of urban warfare.

“We want to get them under stress under pressure get them in a scenario where they're not functioning at 100 percent so we can see how the students react," HM2 Jason Mitchell said.

The wounds and blood are make-up, and the injured are just actors but Kit Lavell, Executive Vice President of Strategic Operations, the experience is very real.

“It gives the opportunity for the first responders//to actually see something that they would not normally see unit they got in combat," Lavell said.

Those who've been there, say it's the best way to train for the reality of combat.

"In real life what's going to happen is it's going to be their best friend lying on the ground," Mitchell said.

Strategic Operations says that even as the combat mission in Afghanistan comes to a close, they plan to continue providing what they call "hyper-realistic" training

They say it will stay relevant not just for the military but for law enforcement and other first responders.
 

As spring approaches, we can't help but look ahead to another glorious SoCal summer. San Diego may be known for its sunshine and beaches, but there's another summer tradition that's every bit as crucial: The concert series at the San Diego County Fair at the Del Mar Fairgrounds.

The annual San Diego County Fair will be run from from June 8 to July 4 this year, with different musical acts taking the stage almost every night. The lineup for the Toyota Summer Series on the Heineken Grandstand Stage was announced Tuesday, and the wide variety of performers should please music fans of all breeds.

Notable headliners include the Beach Boys (June 8), Train (June 27), the Steve Miller Band (June 15) and Adam Lambert (July 2). Lambert, who rose to fame during the 8th season of American Idol, grew up right here in San Diego County.

Here's the full schedule:

Saturday, June 8: The Beach Boys
Tuesday, June 11: REO Speedwagon
Friday, June 14: Switchfoot
Saturday, June 15: Steve Miller Band
Sunday, June 16: La Arrolladora Banda El Limón
Tuesday, June 18: Caifanes
Wednesday, June 19: Third Day
Thursday, June 20: Martina McBride
Sunday, June 23: Grupo Intocable
Tuesday, 25: Bad Company
Wednesday, June 26: Bridgit Mendler
Thursday, June 27: Train
Saturday, June 29: 9th Annual Gospel Festival featuring Mary Mary and Dottie Peoples
Sunday, June 30: Julión Álvarez
Monday, July 1: “Weird Al” Yankovic
Tuesday, July 2: Adam Lambert
Thursday, July 4: Happy Together Tour 2013 starring the Turtles featuring Flo & Eddie, Chuck Negron formerly of Three Dog Night, Gary Puckett & the Union Gap, Mark Lindsay of Paul Revere & the Raiders and Gary Lewis & the Playboys

Fair-goers might recall that July 1 performer "Weird Al" Yankovic played the concert series last year as well, as did Switchfoot, who will take the stage (as they did two years ago). It's not the first time Train or the Beach Boys have played the site, either.

The 2012 County Fair broke attendance records for the fourth year in a row, drawing 1.5 million visitors over the course of the concert series.

The organizers at the 2013 County Fair hope to outdo themselves once again this year, opting for a special Game On! theme that will include classic games from board games to pinball to computer games. The festive theme aims to bridge generational gaps by letting attendees of all ages enjoy fun activities that span decades.

Tickets for the 2013 San Diego County Fair shows go on sale March 16 at the fairgrounds and through Ticketmaster.

 SoundDiego associate editor Chris Maroulakos is also the managing editor of the San Diego music blog Owl and Bear.

Nick Novak and the Chargers agreed to a contract today that will keep the San Diego native here another four years.

“I look forward to working with (Special Teams) Coach (Kevin) Spencer,” Novak said. “He’s spent 30-plus years in the game and has a wealth of knowledge. He’s very good at what he does so I’m excited to work with him on a daily basis.”

Novak has been in and out of the blue and gold for the last several seasons. During 2011 he competed for and lost the starting job to incumbent Nate Kaeding, now a Miami Dolphin.

During the 2012 season Novak was 18 of 20, both field goals he missed were past 50 yards.

Amid the free agency frenzy, one thing Chargers fans can have confidence in is their special teams. The team also resigned long-snapper Mike Windt.

Special teams ranked 12th in the league last year and with those three here for the foreseeable future, special teams coach Kevin Spencer has put himself in a great position to continue getting better.

(WARNING: An image of the man, which some might find disturbing, is visible in the story below.)

A fight between teenagers using baseball bats, brass knuckles and knives ended with serious injuries – including on teenager who was found with a knife handle sticking out of his skull.

San Diego County sheriff’s deputies were called to Marilla Drive in Lakeside and found a teenager stabbed in the head above the right ear.

The knife was lodged in the teen’s head. Watch Video: Warning graphic images

Five teenagers fought in the area of Ryder Road in Santee according to deputies.

Of those teens, one was struck by baseball bats and suffered broken bones and internal injuries. He was taken to Grossmont Hospital.

A second teenager taken to Grossmont was also stabbed but his wounds were considered non-life threatening.

As for the teenager with the knife lodged in his skull, deputies said he was treated at Sharp Memorial Hospital where medical staff removed the knife. His injuries were described by deputies as “non-life threatening” but he was admitted for observation.

Deputies said they have made one arrest.
 

A San Diego man led police on a chase through the city and then tried to hide in the attic of a smoke shop.

Officers reported a stolen car around 10:30 p.m. at 54th and Euclid. When the driver refused to pull over, a pursuit began.

The suspect pulled over near 70th and El Cajon Boulevard in the Rolando area where he ran inside the Illusions Smoke Shop.

Officers say the suspect locked himself in the bathroom and then tried to escape through the attic. Watch video

"He was up in the attic a little bit, he probably breathed in some insulation, put his foot through the ceiling and probably hurt his leg," said Lt. Jerry McManus with SDPD.

Officers brought in K-9 unit and eventually took the suspect, covered with insulation and wood chips, into custody.

The rather large man managed to fit inside an area that appears to be about a 3x3 opening.

Officers reported finding illegal drugs inside the stolen vehicle.

The man faces charges of narcotics possession, auto theft and evading police.
 

A U.S. marshal was injured when a driver rammed his own vehicle into the marshal’s SUV while randomly yelling about law enforcement.

A deputy U.S. marshal was in the parking lot at 3500-block of Mount Acadia Boulevard around 5:30 p.m. Tuesday. The federal agent was loading gear into his unmarked SUV when a man drove up and started yelling at him.

“I don't know if it was ranting. I don't know at all the motivation and his anger directed at the U.S. Marshal," said SDPD Capt. Terry McManus.

At that point, investigators say the deputy U.S. marshal got into his own SUV. Suddenly, the suspect rammed the marshal's vehicle, and not just once.

“The suspect backed away after the first ramming of the vehicle and drove a second time into the driver’s side door where the U.S. marshal was seated," McManus said.

Officers say the marshal, fearing for his life, got out of the passenger side of the car. When the suspect moved his hands out of view, the marshal fired several shots hitting the suspect according to investigators.

Meghan Gallardo and her daughter heard multiple gunshots and then started recording the incident on their mobile phone.

“As soon as we heard the gunshots, we came outside and saw a plain clothes guy running around with a gun, and we were like ‘What the heck is going on,’" Gallardo said.

"They kept saying put your hands where I can see them, he couldn't, he was hurt, he was injured, he was in the car and he was shaking and trying to keep his hands up, and that's when he started to roll backwards," she said.

For several hours, local businesses and their customers were trapped behind crime scene tape.

Police said the suspect was shot in the torso and was expected to survive his injuries. The deputy U.S. marshal was treated at a nearby hospital for minor injuries.
 

View Shots Fired in Clairemont in a larger map

A Southern California man claims his daughter was forced to sing songs in class that violate her religious beliefs.

Paul Salcedo’s daughter is in the third grade at Rosebank Elementary School in Chula Vista, Calif.

Salcedo objects to his daughter, who is a Jehovah’s Witness, singing the songs "My Country 'Tis of Thee," "This Land is Your Land" and "You're a Grand Ol' Flag."

"That's a part of the religion too. They don't salute the flag. They don't sing those types of songs. That's their right," Salcedo said.

Salcedo, whose wife is a Jehovah's Witness, got emotional when he discussed how his daughter said she was forced to sing the songs.

"It's my kids. I gotta protect them," Salcedo said. "I mean, they're not going to. I'm the only one who's going to be their voice."

Other points of conflict between the family and the school included a Halloween-based curriculum and valentines distributed in class.

Salcedo they had an agreement between the principal and the teacher that his daughter would be excused during those songs. Now, he said the trust between parent and educators has been broken.

"It’s a violation of the law. We have those civil rights and it’s already been brought to their attention of our beliefs and our practices," Salcedo said.

The Chula Vista Elementary School District disputes Salcedo's account.

"We don't see these songs as being anything other than folk songs," said Anthony Millican, the spokesperson for the Chula Vista Elementary School District.

"The child has not been required to sing these songs at any point," Millican said adding that the schools will not stop teaching the folks songs.

The district has offered options to parents who want to their children not to participate he said.

"We are sensitive to the needs of every student, so we're looking to find a reasonable solution," Millican said.

The district says they're also excusing the child from social studies class during certain topics.

A meeting scheduled Tuesday between all the parties was canceled because Salcedo wanted to record the discussion.

He said his wife planned to sit in on the music lesson on Wednesday to observe.

The family has considered private education and homeschooling, but Salcedo said those options were not financially possible.

A North County High school is one of 30 across the country chosen as a finalist in NBC's "Smash Make a Musical” contest.

Five schools will each receive a $3000 gift certificate to Lowe’s for theater renovations.

Escondido High School was among 30 finalists in the contest and the students need the public’s vote to win the funds needed to renovate their school theater.

The school principal tells NBC 7, the rundown building was a cafeteria before it burned down in the late 80's.

Angela Arnett, the director of the Escondido HS Drama Dept. said the school’s theater has a lot of potential.

However, she said it’s been about 20 years since any work has been done and repairs are sorely needed.

"The lighting tends to be very finicky In the middle of the show, randomly the breakers will blow, the lights will turn on by themselves so we have our own little Poltergeist,” Arnett said.

Eleven students participate in the Stage Craft Class and work on repairs as best they can.

“They keep working no matter what happens,” Arnett said.

A safer stage and new sound equipment are also high on the priority list according to said Stage Manager/Head of Light Design Clare Borden.

"The chance to be able to redo this would be amazing for our department,” Borden said. “So please help!"

“We’re the underdogs,” Arnett said. “We need to get a lot more votes.”

To vote for Escondido High School, go to make a musical.org

The deadline to vote is April 10 at midnight.

Last season, “NBC’s ‘Smash’: Make a Musical” created musical theater programs in schools by giving educators and students the tools and training they needed to build self-sustaining programs in under-served schools.