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SAN DIEGO (KGTV) - Some in the legal community are raising concerns that in-person federal court cases are putting attorneys and their clients in unnecessary danger.A letter sent by the Federal Defenders of San Diego Executive Director Kathryn Nester to United States Senator Kamala Harris says since raising concerns back in March about COVID-19's impact on federal detainees and criminal cases, the risk to their clients and staff has increased.According to the letter, "The increased danger stems from escalating prosecutions and the reopening of in-person court proceedings in our district, despite escalating COVID-19 infections in local jails and communities. These prosecutions are occurring on an uneven playing field, as the pandemic is undermining our clients' constitutional rights to a speedy trial and to confidential communication with their lawyers."Nester claims the United States Attorney's Office has substantially increased new prosecutions over the past several weeks.In the letter she states, "The USAO is increasing prosecutions while simultaneously winding down its practice – instituted at the beginning of the pandemic – of issuing Notices to Appear instead of arresting and detaining many defendants. The result is a growing jail population, which increases the risk of COVID-19 transmission."Nester also cites concerns about the condition of local jails and what's described as lack of testing, reporting, and transparency at these facilities.She adds that the increasing prosecutions are against clients with reduced constitutional safeguards."Requiring detainees to quarantine for 14 days after each court appearance effectively precludes trials, because defendants cannot be brought to court on consecutive days. So the government will bring clients to court to plead guilty, but not to exercise their constitutional right to a speedy trial," Nester stated.The U.S. Attorney's Office said it has dramatically reduced the number of new criminal cases in response to the COVID-19 pandemic."The Southern District of California stakeholders – the District Court, the U.S. Attorney's Office, the defense bar, the U.S. Marshals Service, U.S. Pretrial Services, U.S. Probation and the Bureau of Prisons – have worked collaboratively over the past several months to adjust and deal with this unprecedented crisis," said U.S. Attorney Robert Brewer. "Ms. Nester's letter is an unfortunate and sad departure from that collaboration given that she omits key facts and presents an inaccurate, biased and incomplete picture of what's occurring in this district."In a written response to the Federal Defenders of San Diego, the United States Attorney wrote, "The assertion that the U.S. Attorney's Office has ‘reversed course’ and has ‘dramatically increased new prosecutions’ in July 2020 is incorrect. More fundamentally, however, the attempt to rely on a snapshot of new complaints over a very short period of time fails to convey the unprecedented efforts the U.S. Attorney's Office has taken in response to the pandemic over the past several months and our attempts to involve Federal Defenders in those efforts wherever possible. "Fears of in-person safety have been brought up by more than just Federal Defenders.Team 10's Adam Racusin spoke with several San Diego area attorneys who say they do not feel safe handling cases in-person.Team 10 also confirmed a COVID-19 positive federal detainee recently appeared before a federal judge.In response to federal courthouse safety concerns, Chief U.S. District Judge Larry Burns tells 10News, since the beginning of the COVID 19 epidemic, the court has taken every recommended precaution to protect the health and safety of visitors to courthouses, of counsel and their clients, and of court staff.Burns explained in an email that any attorney can request an exemption from appearing personally, and to instead appear by video conference or telephone.“Very few attorneys have submitted requests; all submitted requests have been granted. You may also be unaware that in federal grand juries resumed convening in May. I am informed that as many as four different grand juries are currently hearing cases on a weekly basis,” Judge Burns wrote.He also explained that the inmate who tested positive was checked by the U.S. Marshals before being brought into court, did not have an elevated temperature, and did not otherwise exhibit any symptoms of infection.“He was maintained seated by himself at a distance of at least 15 feet from other people in the court except for the Marshals guarding him. After the inmate was sentenced, we were informed that he had tested positive for the virus. Upon learning that information, our Court followed the recommended CDC guidelines for notifying all those who were present in the courtroom. It has now been several days since the incident and I am informed that no other person who was present and who was notified of the risk has experienced infection symptoms or has tested positive for COVID 19.”A spokesperson for Sen. Harris tells 10News their office did receive the letter.In a statement to 10News, Sen. Harris wrote, "The severe conditions that our incarcerated population have been facing during this pandemic are shocking, unacceptable, and must be addressed immediately. Since March, I have been calling on the Justice Department to maximize releases during the pandemic and guard against potential exposure to coronavirus. That work is as urgent today as it was several months ago. I continue to call on the Justice Department to address this matter immediately and re-evaluate how it is enforcing the law and detaining individuals." 5658

SAN DIEGO (KGTV) — Six people were arrested after more than a dozen people knocked down barricades outside San Diego Police Department's headquarters.San Diego Police say a group of 20 people arrived at the Broadway headquarters and began knocking down police barricades on Saturday.Police said six people were arrested for assaulting and resisting officers.One officer was taken to a nearby hospital for a knee injury. 427

SAN DIEGO (KGTV) — SeaWorld San Diego revealed Tuesday that its newest roller coaster will open this spring. "Emperor", named after the biggest species of penguin, which can be seen at the park's popular "Penguin Encounter" attraction."It will be the tallest, fastest, longest, and the only floorless dive coaster in the state of California and the entire west coast of North America," said Senior Vice President of Attractions Mike Denninger.RELATED: SeaWorld's new dive coaster will be named 'Emperor'The ride reaches 153 feet at its tallest point, tops 60 miles per hour, and includes multiple inversions. The centerpiece of the ride, however, is the 90-degree, straight down drop. Denninger says the train will freeze for a few seconds just after going over the edge, ratcheting up the anticipation, while also offering unparalleled views of SeaWorld and Mission Bay. "I think it will be wonderful. Very thrilling," Denninger said.10News joined a group of invited guests for a tour of the work site Tuesday, which included several bloggers who write about roller coasters. RELATED: SeaWorld planning for aerial drone show test runDerek Perry, of Coaster Kings, says aficionados are looking forward to riding Emperor. "We're super-excited about it," said Perry. "We haven't had anything like this west of the Mississippi and the views of the bay, I think, are going to be awesome" 1391

SAN DIEGO (KGTV) — San Diego Sheriff's Department released data Friday giving insight into coronavirus-related enforcement over the past month in the department's jurisdictions.From June 10 to July 9, SDSO reported 673 COVID-19 related disturbances, violations, and citations — broken down into two citations, 74 disturbances, and 597 ordinance violations. SDSO says group disturbances and ordinance violations are calls made to the department and deputy-initiated incidents. Citations include Government Code 8665 and Health and Safety Code 120295, which both make violations of health orders a misdemeanor with possible fines and jail time. 650

SAN DIEGO (KGTV) -- Since March, a UC San Diego health care professional said fake products promoted to cure or prevent COVID-19 have surged. Amid the rollout of coronavirus shots, their focus is now to prevent people from buying vaccines advertised as the real thing.Dr. Timothy Mackey, an associate professor of Anesthesiology and Global Public Health at UC San Diego, said scammers are taking advantage of consumers seeking COVID-19 vaccines because there's a need, but not enough supply."We first saw herbal and nutritional supplements because people were trying to avoid the disease, then a bunch of testing kits we saw when people didn't have access to testing kits,” said Mackey.And now, he said people browsing the web will see advertisements promoting fake COVID-19 vaccines."You cannot get any vaccine on the internet. If you're seeing a post that says you can buy it right away, it's not the real vaccine,” said Mackey.He said falling into a trap could cause serious harm to yourself and others."Middle ground you get sterilized water, and it doesn't work. Then, you go out and risk transmission to others,” Mackey said.Secondly, he said you'd get ripped off and risk having your credit card information and identity stolen. And third, "You get a product that's spoiled or a needle not sterile, and you get another disease or something that's toxic for your body."Mackey said the bottom line is the vaccine will not be available online anytime soon."The vaccine will only be available in registered healthcare facilities and only a few that are specifically validated to distribute the vaccine. It'll be a slow roll out,” said Mackey.If you're looking for official information regarding vaccine distributions, he said your best bet is visiting government sites that end with ".gov"."The internet seems like a quick fix but it's not for vaccines. Vaccines are highly regulated and controlled. Please wait and they will come but don't make the mistake of buying online." 1987

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