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SAN DIEGO (KGTV) - Hundreds of people are sitting in San Diego County jails waiting for jury trials that are postponed indefinitely because of the pandemic. ABC10 News interviewed San Diego County District Attorney Summer Stephan about concerns over whether justice is being delayed.ABC10 News looked into the issue after the wife of a man who's locked up in a San Diego County jail emailed the newsroom for help. ABC10 News is not revealing her identity. Her husband fears retaliation over his case. She wrote to ABC10 News that he’s been waiting for more than a year for his day in court but there is no telling when that will be. In her series of emails, she explained that he was wrongfully accused of a crime and that she doesn’t have the money to bail him out. “Most of the other men incarcerated with my husband have been told to expect no further steps in their cases until early next year,” she added.He's being held at George Bailey Detention Center and is one of the many inmates who were scheduled to be tried in front of San Diego County juries until jury trials were halted months ago because of the COVID-19 threat.“These criminal defendants have a right to a fair and speedy trial. How do you uphold that 6th amendment constitutional right in the middle of a pandemic?” ABC10 News asked San Diego County District Attorney Summer Stephan. “Upholding those constitutional rights is so important to us but these requests are based on these very unprecedented times,” she stated.DA Stephan added that close to 2,500 jury trials have been postponed. Trials were stopped on March 17th. Non-jury trials are currently in progress through a remote virtual process. San Diego courtrooms are now being retrofitted with protective measures like plexiglass barriers. Local court officials have requested another extension from the Judicial Council of California for jury trials to be postponed through mid-September. That could be further delayed depending on how virus case numbers trend.ABC10 News filed a public records request for details on all the people who are waiting to be tried by jury. The DA’s Office returned a list of thousands of defendants.The majority are out of custody, but the DA confirmed that there are roughly 360 felony defendants and 50 misdemeanor defendants who’ve been sitting in jail until their trials can happen.“Most of the cases receive what we call probable cause hearings where a neutral party- a judge- has heard the evidence and believes that it is sufficient to continue to hold them,” said DA Stephan.She told ABC10 News that most of the felony defendants are being held on very serious, violent offenses and the same applies to defendants being held on misdemeanors. “Most of those [misdemeanor cases] are domestic violence where there is a danger to the victim or multiple DUI offenders,” she added.“The number of defendants has dropped dramatically that are normally held in our detention facilities,” San Diego County Superior Court Presiding Judge Lorna Alksne recently told ABC10 News. She said that she’s been working with the District Attorney’s Office, the Office of the Public Defender and the San Diego County Sheriff's Department to lower the jail population of non-violent cases and release the elderly and others with compromised immune systems.As of Monday, the Sheriff’s Department’s website showed that 3,748 individuals were being held in San Diego County jails. DA Stephan said that’s a 20% population reduction since the start of the health crisis.“What do you say to the defendants who are in custody and claim their innocence and in the eyes of the law are innocent until they are proven guilty but they are being held, indefinitely?” ABC10 News asked DA Stephan. “The only thing we can't have is a jury trial right now,” she responded, in part.“We are all very, very anxious and looking forward to having jury trials. It's the best of our democracy,” she added.Once jury trials are able to resume, D Stephan said that their office with prioritize serious, violent felony cases and defendants who are approaching their maximum sentence.The Sheriff’s Department sent ABC10 News the following statement.“In response to the COVID-19 pandemic, the Sheriff's Department is collaborating with our criminal justice partners on the video court appearance process. Every jail has been outfitted with audio-visual equipment for these virtual hearings. The Sheriff's Department produces defendants based on the Superior Court's official calendar. Although, social visits have been suspended, defense attorneys have retained the ability to meet with their clients in person at the detention facilities, via telephone or video conferencing, to ensure the process moves forward as fluidly as possible. Video hearings have eliminated much of the custody time for those who have been arrested and in need of arraignment. These video hearings have significantly reduced the number of persons who would still be in custody awaiting in-person appearances.""The Sheriff's Department is committed to making this process as efficient as possible, until the courthouses can be re-opened for proceedings. Those who remain in our custody are awaiting an arraignment hearing, have been remanded to the custody of the Sheriff's Department pending further court proceedings, sentenced to local custody or pending transfer to state prison.”The Office of the Public Defender sent ABC10 News the following statement.“Our clients are always our priority. The challenges of the pandemic have not changed our mission to protect the rights, liberties, and dignity of our clients by providing the best legal representation possible under these extreme circumstances.” 5704

SAN DIEGO (KGTV) - Hundreds of Clairemont neighbors attended a public hearing Wednesday to learn why their neighborhood was picked for a new homeless housing project.A developer wants to convert former office space on 5858 Mt. Alifan Drive into roughly 50 apartments for the homeless. The location is near the Vons shopping plaza.“It’s just not acceptable. I’m not against homeless shelters by any means but this is not the proper location,” said Mark Bromley. He believes the site is too close to homes and schools.San Diego City Councilman Chris Cate said the developer has not yet applied for a permit to start the project. Cate told 10News he can’t give his opinion on the project in case the issue goes before the Council.Organizers shut down the planned open house after more than 200 people attended due to possible fire code violations given the size of the crowd.Another informational meeting is tentatively scheduled for next Tuesday at a larger location. 973

SAN DIEGO (KGTV) -- Father Joe's Villages hosted two Thanksgiving meal services Wednesday for homeless residents in San Diego, but perhaps no one was more thankful than the people who helped prepare the food.Three chefs-in-training in the Father Joe’s Culinary Arts Program spent days preparing the turkey dinner, which was served to an estimated 2,300 to 2,600 people.“They changed my life by far,” student Brian Anziano said of Father Joe’s.Anziano said he got involved in “stupid stuff” last year that left him homeless, but at the suggestion of friend, he began turning his life around with the help of Father Joe’s.Anziano enrolled in the 15-week culinary course, considered the most rigorous of the 10 workforce development programs offered by Father Joe’s.“They buy your shoes, they buy your pants, they buy your uniform,” he said. “Everything you need.”The massive Thanksgiving meal is kind of like a midterm, said Culinary Arts Program instructor chef Theresa Fields.“We work 14 hour days, 16 hour days. We’re always on call,” said student Lister Lane with a smile.Lane said his dream is to graduate and open his own restaurant. “And I want to give back to the homeless like they helped me,” he said.Past graduates have gone from these kitchens to jobs at Kansas City Barbeque, PETCO Park, the Hard Rock Hotel, Amplified Ale Works and more, FIelds said.Father Joe’s said about 80 students have graduated from its various workforce training programs so far, and they’re on pace to graduate about 100 students by the end of the year. New programs, including one in hydroponics, are planned for next year. 1620

SAN DIEGO (KGTV) — From the confrontation in a Los Angeles Trader Joe's to a showdown in a San Diego Starbucks, there have been a lot of customers claiming businesses can't legally require them to wear a mask.Some customers even carry a card threatening fines and citing the Americans with Disabilities Act, or ADA. But there are three things to consider before making an ADA claim, according to lawyers.First, to bring a successful ADA lawsuit, attorneys say the person without a mask must truly have a disability. Businesses can ask if a person has a disability, but not much beyond that.RELATED: Confrontation over wearing a mask at Coronado coffee shop"You can't delve into someone's medical condition and ask them a bunch of questions," said attorney Colin Harrison. "I would not advise businesses to ask for any type of documentation."If the person says they have a disability, the ADA requires businesses to make reasonable accommodation. So what's reasonable?"A reasonable accommodation might be to ask the person to wear a face shield, which is about an inch and away and probably wouldn't restrict their ability to breathe," says attorney Steven Elia.RELATED: GoFundMe started for San Diego barista after woman posts about not wearing mask at StarbucksElia says other accommodations might include curbside pickup, but the ADA has limits: businesses don't have to fundamentally alter the way they operate."Customer says I don't want to wear a mask, I want you to deliver to my home. If the business doesn't already provide delivery service, that would be a major fundamental alteration of their business, one they would not be required to do," Harrison said.Both attorneys suggested businesses try to make accommodations first.RELATED: Feds warn of phony cards claiming face mask exemptionBut what happens if those accommodations won't work? There's a third component in the ADA: Subsection 36.208 allows businesses to turn disabled people away if they pose a direct threat to the health and safety of others."Someone not wearing a mask, they might think they're not infected, but they could be and pose a direct threat to spread the virus to many people," Elia said.The Equal Employment Opportunity Commission has said COVID-19 does constitute a direct threat, so our experts say the threat of a successful lawsuit in a case like this is low.That said, there's nothing stopping people from filing these lawsuits. There have been at least nine across the country. But businesses that win can pursue legal fees from the other party. 2548

SAN DIEGO (KGTV) -- Health experts in San Diego County said Wednesday flu season appears to be at its end, according to the County News Center. The news came after the county released the latest flu numbers. So far this season, 341 people have died from the flu including two new deaths reported over the last week.Those who died ranged in age from one to 101.The high number of deaths this season is a result of an unusually severe flu season, but was also due to better reporting and tracking, County Health and Human Services reported.“It appears that we’re at the end of this flu season,” said Wilma Wooten M.D., M.P.H., County public health officer. “However, people should continue to take precautions to avoid contracting the virus.”In total, more than 20,000 lab-confirmed flu cases were reported this flu season compared to just over 5,400 the previous year. 880