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SAN DIEGO (KGTV) - Delaying people's right to get out from behind bars.Some local attorneys told Team 10 that people who are arrested and accused of federal crimes are not getting to court within the required timeframe. They believe that it could have an impact on the surrounding communities."Nationally, the most serious and infested places with coronavirus are all prisons," said attorney Ryan Stitt.Stitt's a trial attorney with the Federal Defenders of San Diego.Team 10 investigator Adam Racusin asked him to explain what happens after someone's arrested and taken to a detention facility."They would come to court, they would meet a lawyer like myself, they would learn what the charges are, and there would be an effort to try and get them bond that day," Stitt said.However, Stitt said it’s becoming a challenge for facilities to get some people who have been arrested on federal crimes to an initial appearance on time.Instead of quickly starting the bail process to get out of detention centers, Stitt said they may spend more time inside."COVID-19 has fundamentally changed how the court system operates, we've seen delays increase," he said.According to Stitt, the Federal Defenders of San Diego have seen delays at Western Region Detention Center, located in downtown San Diego. The location is operated by a company called the GEO Group."GEO has not set up a process to efficiently screen and accept new bookings, and while people may actually be at GEO if they haven't had their medical screening, they are not being made available to go to court over the telephone or over video, which is perplexing, but that is the system that they've come up with, and it's creating a delay," he said. "It's delaying people's court appearances beyond the day after they are arrested."Stitt said the goal is to get people to court the same day or next business day.In many cases, when that doesn't happen, attorneys file an application for what's known as a write of habeas corpus ad prosequendum.In several court filings Team 10's reviewed the civil filings state, "Petitioner, by and through provisional counsel, Federal Defenders of San Diego, Inc., requests that the Court issue a Writ of Habeas Corpus Ad Prosequendum to Respondents who have custody over the Petitioner and require that the Petitioner be presented to a United States magistrate judge immediately for arraignment. The Petitioner submits that there is good reason to believe that the Petitioner is currently being detained in violation of Fed. R. Crim. P. 5(a)(1)(A).""Rule 5 is the federal rule that governs what they call prompt presentment," said University of San Diego Professor of Law Donald Dripps.According to the U.S. Courts, federal rules of criminal procedures rule 5(a)(1)(A) states, "A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise."The federal rules of criminal procedures also list exceptions to rule 5.According to the GEO Group, as of Oct. 13, a total of 52 GEO employees at the Western Region Detention Center have tested positive for COVID-19. A spokesperson said one of the employees who tested positive is currently at home on self-quarantine, while 51 employees have fully recovered and returned to work after meeting the return-to-work guidelines for essential workers issued by the CDC.In a statement, a GEO Group spokesperson said in part, "While the COVID-19 pandemic has presented unprecedented challenges, from the very beginning we have taken extensive measures to ensure the health and safety of those in our care and our employees, who are on the front lines making daily sacrifices at the facility."The GEO Group forwarded ABC 10News to the U.S. Marshals Service (USMS) for questions about procedures and claims of delays.According to the U.S. Marshals, as of Oct. 8, they've received reports of 23 USMS prisoners being held at the Western Regional Detention Center, having tested positive for COVID-19 at any point during the pandemic. Of those, 22 have since recovered.In a statement, a spokesperson for the Marshals Service wrote, "The U.S. Marshals Service and its contractors continue to work with the court family to ensure prisoners are produced for court in a safe and timely manner. COVID-19 has brought about a number of changes to these processes, and we adapt to these changes as they occur. One of those changes has been the temporary need to conduct initial intake for many of our prisoners at the Western Region Detention Facility. Prisoners are received by the facility multiple times per day. Each prisoner going through the intake process at the facility is medically screened, to include compliance with the court's general order on testing for infectious disease, and made available for court, via video teleconference or phone, within the same day or the following morning."Stitt said they'd like to see people come to court as quickly as possible. He explained everyone at an initial appearance in court hasn't been convicted of anything, and they are entitled to bond.Outbreaks at detention facilities endanger the broader community, Stitt said."The guards that are present, the healthcare professionals that go to the jail and then our hospitals generally that need to treat the inmates once they become ill are all impacted by the rising COVID-19 numbers in custody," Stitt said. "By delaying people's presentment in court, you necessarily increase the prison population by not allowing people that otherwise would make bond and bond out of court stay in prison longer."United States Attorney Robert Brewer says the COVID-19 pandemic has presented unprecedented challenges to the facilities that house pretrial detainees charged with federal crimes in the Southern District of California.In a statement to ABC 10News, Brewer wrote, "Notwithstanding those challenges, the facilities have worked diligently to allow arrestees to make their initial appearances via VTC or telephone at the earliest opportunity. When it was brought to the attention of the U.S. Attorney's Office that one facility was unable to provide VTC access to arrestees until the arrestees had received medical clearance, which delayed the initial appearances of a limited number of arrestees by approximately 24 hours, the U.S. Marshals Service and the facility arranged a dedicated telephone line in the facility's medical unit so that arrestees could appear via telephone for the initial appearance before receiving their medical clearance." 6634
SAN DIEGO (KGTV) - Dog owners who live in Normal Heights are worried about the future of the off-leash dog park at Ward Canyon.Earlier this month, signs appeared saying the large-dog area would be closed through the end of March 2020. People who use the park say it's because a few neighbors complained about the noise to the local Advisory Committee.Because the large-dog area is closed, all sizes of dogs have been sharing the small-dog area next to it."It's really crowded," says dog owner Christina Ardon. "When people get off work, everyone's over here. It's a little bit of a madhouse.""It's intimidating to smaller dogs," says Jason Douglas-Hiley. "They won't come into the park because they're afraid of the large dogs harassing the smaller dogs."Meanwhile, the City of San Diego has plans to renovate the entire park. Renderings show the area where the large-dog park currently sits would be turned into a community garden. The small-dog park would be expanded.But, City Councilmember Chris Ward's office says there is no funding for that project, and no timetable for when it could be added to the budget.People who use the park say they're afraid it will disappear while the project sits in limbo."To have to wait 2-5 years for them to construct a new park is a lifetime for a dog," says Douglas-Hiley.Park supporters have started a petition, asking the city to safeguard the small-dog area and also fence off a different portion of Ward Canyon for large dogs to use. They're also encouraging people to go to the Adams Recreation Advisory Group meeting on October 22 to voice their concerns.The meeting is at 6 pm, at the Adams Recreation Center (3491 Adams Avenue). 1685

SAN DIEGO (KGTV) -- Harbor Police were searching for a vandal Monday who set off a panic at an upscale steak house along the Embarcadero.Customers took cover under tables and ran for the exits at Ruth’s Chris Steak House Sunday night when projectiles smashed through at least two of the restaurant’s bay-facing windows. Someone inside the restaurant shouted “gun,” prompting fears of an active shooter, customers told 10News.“It was one of the craziest things I’ve ever been through,” said Joey Giacalone, a long-time patron and former co-owner of the Venetian Restaurant in Point Loma. “I mean everyone is diving under tables. It was pandemonium.”Two bartenders and a manager jumped into action, Giacalone and his wife said, directing guests to take cover and then evacuate the restaurant.RELATED: Hillcrest restaurant reopens after one week after shooting“There were cooks telling us to come to the back door. They sent us through the kitchen. Because again, no one knew what information was really out there. We thought there was an active shooter,” he said. “I kept envisioning a gunman coming around the corner to shoot us all,” Juli Giacalone added.One of the servers working that night survived the Route 91mass shooting in Las Vegas. Ricca Salazar “reacted quickly and ran out the back door with a couple other staff members,” her husband wrote on Facebook. “She fell and they helped her up,” he said. “Scary night, scary scenario.”Harbor Police determined someone had thrown rocks through the windows. Investigators believe the unidentified vandal may have been a disgruntled customer who left the restaurant without paying earlier that evening, said Lt. Victor Banuelos.Joey Giacalone said the man had been acting strangely.“One guest said he saw him going into the women’s bathroom and said, ‘What the hell are you doing?’ And then he left,” he said.The Giacalones commended staff members for going “above-and-beyond” during the incident.“Everyone is panicking and these guys are saying, ‘Forget about me. I have to do my job for this staff and my guests,’” Joey Giacalone said.Afterward, Juli Giacalone said one of the bartenders approached her with a to-go bag in hand.“She’s like, ‘Here’s your food!’ Through the whole ordeal of being rushed out and fleeing -- we thought -- for our lives, she had carried our to-go bag through the whole situation.”Anyone with information on the vandalism should call Port of San Diego Harbor Police at 619-686-6272, Lt. Banuelos said. 2492
SAN DIEGO (KGTV) — FBI investigators are seeking the public's help in identifying the suspect of a College Area bank robbery Wednesday.The suspect walked into Citibank at 5998 El Cajon Blvd. just after 3 p.m., approached a teller, and verbally demanded cash, according to the FBI.After receiving a sum of cash, the suspect fled on foot.The suspect was described as a Hispanic man in his late 20s to early 30s, with large build and standing about 5-foot 6-inches. He was last seen wearing a black hooded sweatshirt, grey sweatpants, sunglasses, gloves, tennis shoes. He was also wearing an American flag bandana during the robbery.Anyone with information is asked to call FBI San Diego at 858-320-1800. 709
SAN DIEGO (KGTV) – Get outside this weekend, exercise your brain, or perhaps both!This weekend is packed with fun educational activities just as school gets back in session for thousands of San Diegans.The New Children's Museum has brought back their "No Rules...Expect" art installation, giving kids the chance to exercise their creativity and have fun jumping on more than 40 mattresses. Perfect to let out that extra summer energy, or just jump on beds.Not interested in anything here? Check out the 10News?community events calendar for a look at even more things to doThe North County is bringing the music this weekend between Pacific Highlands Ranch's Summer and Songs concert series and the Carlsbad Music Festival as well.San Diego's Festival of Books will connect readers, authors, and artists together at Liberty Station for a day dedicated to the love of reading.Plus much more fun around town. Here's a look at some of this weekend's highlights:THURSDAY"No Rules....Except" art installationWhere: New Children's Museum; Cost: Free - Kids like jumping on beds despite your wishes? The New Children's Museum is bringing back their "No Rules....Except" art installation, featuring more than 40 mattresses and 160 pillow "tires" ripe for jumping. Take the kids out to jump at their heart's content. 2nd annual Summer & Songs festivalWhere: The Village at Pacific Highlands Ranch; Cost: FreeCheck out a free outdoor concert in Pacific Highlands Ranch during the 8-week Summer and Songs concert series. This week's performance feature's San Diego singer Christine Parker. FRIDAY15th annual Carlsbad Music FestivalWhere: St. Michael's By the Sea; Cost: Free - 9(Friday - Sunday) The Carlsbad Music Festival brings an eclectic mix of music, from contemporary classical to indie rock to world music, just steps from the beach. Free and ticketed concert options are available, as well as a beer garden, food trucks, and shopping. Movie Night Aboard the USS Midway MuseumWhere: USS Midway Museum; Cost: - Catch a movie on the deck of the historic USS Midway, with this weekend's screening of Black Panther. Crews will also be holding a back-to-school drive, and ask any movie-goers to contribute supplies for military-connected youth and schools. SATURDAYBe the Change 5KWhere: Hilton Bayfront Hotel; Cost: Lace up your running shoes and hit the pavement for a good cause. The Be the Change 5K donates 100 percent of net proceeds to Make-A-Wish San Diego, Caterina’s Club and the Gary Sinise Foundation charities. In return, you get a scenic run along San Diego Bay, a wellness festival, and goodies! 2nd?annual San Diego Festival of BooksWhere: Liberty Station; Cost: Free (Donations accepted)Feed your love of reading at the San Diego Festival of Books at Liberty Station, bringing together local readers, writers and artists for a day packed with discussions and exhibits. SUNDAY10th annual San Diego Spirits FestivalWhere: Port Pavillion Broadway Pier; Cost: - 0(Saturday - Sunday) Mixologists and spirit aficionados will sip and mingle at the 10th annual Spirits Festival this weekend on the Broadway Pier. The two-day event features live entertainment, a fashion show, bartender battles, chef demonstrations, and more! 14th Annual LeucadiART WalkWhere: N. Coast Highway 101; Cost: FreeEnjoy a day at Encinitas' free outdoor art festival LeucadiART, featuring live music, dancing and artist demonstrations, a beer garden, and a new children's art pavilion! 3593
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