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SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) - Fifty-three undocumented immigrants were arrested by the U.S. Immigration and Customs Enforcement over the last week in San Diego County.Arrests took place in Santee, Vista, Encinitas, Chula Vista, Escondido, Oceanside, Imperial Beach, and San Diego, according to ICE officials.The five-day operation targeted individuals with final orders of removal, who have re-entered illegally after being removed, who have violated federal law, or whose detainers were not honored and were located after release from jail.RELATED: ICE arrests 115 immigrants in Southern CaliforniaOfficials said of the 44 arrested, criminal histories included vandalism, hit-and-run, driving under the influence, and other drug offenses. Ten of those arrested have previously been deported from the U.S."While we continue to face significant obstacles in dealing with so-called 'sanctuary-city' policies, which hinder cooperation with local law enforcement, we will continue our relentless pursuit of safeguarding communities, diligently enforcing the U.S. immigration laws," Gregory Archambeault, San Diego field office director for ICE removal operations, said. ICE said those arrested were Mexican and Guatemalan nationals.Another nine individuals whose detainers were not honored were taken into custody by ICE before the operation started. 1398

SAN DIEGO (KGTV) — First responders were called to a downtown San Diego intersection after a San Diego Sheriff's inmate transfer van and Tesla collided Wednesday.The crash was reported at Sixth Ave. and A St. just before 3 p.m. after the Tesla reportedly side-swiped the inmate van. There were 12 inmates on the van, plus to driver and a sheriff's deputy, according to San Diego Police.The inmates were evaluated by first responders on the van, but no one was transported to the hospital, police said. 509

SAN DIEGO (KGTV) — For more than three hours, two women were trapped inside a downtown San Diego elevator.Fire crews were called to the Copley Symphony Hall at about 7:30 p.m. Wednesday after the elevator stopped as it took the women to the 34th floor.A Battalion Chief said the women felt a jolt and the elevator's lights flicker before it came to a stop.Rescuers were able to reach the women at about 11 p.m., more than three hours later. Until then, the women Facetimed a friend to stay calm, but a friend was worried they would run out of air or suffer from heat related injuries."Once I learned that they pried the doors open because it was so hot in there, what else could I do but just wait?" Kalani Creutzberg said. "It turned into a waiting game. And I'm just very very fortunate that there's a happy ending to this."Both women were taken to a nearby hospital to be checked out. While they were shaken up and nervous, neither appeared to have any serious injuries. 982

SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178