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SAN DIEGO (KGTV) — Four people who were arrested during a border demonstration in 2018 celebrated a not guilty verdict Monday.Demonstrators gathered downtown Monday to support two clergy members and two female Army combat veterans who were arrested during the "Love Knows No Borders" event in December 2018. Faith leaders at the U.S.-Mexico border near Friendship Park and some 400 people were calling for an end to detaining and deporting immigrants and showing support for asylum seekers.The four arrested argued they were exercising their religious freedom and first amendment right to assemble and speak out against injustice. Combat veteran Brittany Ramos Debarros, who's standing trial, spoke to 10News following the verdict. "Took an oath to protect this constitution and I take that seriously. And what I see all around me is a disregard for what's right. A disregard for people's rights, including the right to protest peacefully on our own land, the land I supposedly defended," Debarros said.But federal agents showed video of the demonstration, arguing there were numerous no trespassing signs and they made numerous demands and warnings to stay out of the restricted areas or face arrest.One demonstrator, who was not in court Monday, was arrested for assaulting an officer at the rally. 1308
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) -- For some people who catch the coronavirus, their symptoms can last for months. Researchers are calling these patients who now test negative but still experience symptoms "long haulers." Doctors are calling the long hauler problem a big mystery.It's a new phenomenon of a new virus, stumping even the brightest researchers and doctors."I have to tell him, I don't know," Dr. Zehui Tan with Sharp Rees Stealy Rancho Bernardo said.Dr. Tan is treating an otherwise very healthy 24-year-old man who tested positive for COVID-19 in September. She says after he quarantined for 14 days, most of his symptoms went away. He retook the test, and it came back negative. But the good news was short-lived. A month later, he ended up in the ER once again."His blood test is normal, chest is fine, but they found an abnormality in the EKG -- an inflammation of the heart. It can be a complication after COVID," Dr. Tan said.Researchers believe about 10% of COVID-19 patients see a relapse in symptoms. These "long haulers" now test negative for COVID but still experience symptoms that include coughing, fatigue, body aches, shortness of breath, loss of taste and smell, and brain fog."Almost three months after the COVID infection, he's still not feeling right," Dr. Tan said.Researchers say there does not seem to be a consistent reason or type of patient who becomes long-haulers."We see people die long from COVID, and I have a 92-year-old just fully recovered, so you just never know what's going to happen in your body once you get this COVID," Dr. Tan said.So it could be a long road ahead until her patient feels like himself again."We don't know," Dr. Tan said. "The only thing we can give is offer lots of support, treat them symptomatically, and then just watch and wait."Experts say patients who had bad respiratory issues may develop permanent lung damage. However, those who lost their sense of taste and smell will likely get those senses back. 1973
SAN DIEGO (KGTV) - Father of three boys, Ben Walrath, was excited when he heard baseball practice was starting up again."There's only so much Fortnite they can play," Walrath said, his son Austin, 10, chiming in, "before I get bored." "Before we have to do something different," Walrath continued.He had a talk with his boys about how practice is going to be different to protect them from coronavirus.When quizzed, his sons answered correctly, "no dugout during practice," Austin said. "Stay six feet away." Walrath reminded them, "we're not going to be doing high fives and stuff like that... and no games right away."While Austin wasn't enthused about the new protocol, he was excited to see his friends for the first time in months at practice Monday.President of Sweetwater Valley Little League Arturo Maldonado said they are rolling out practice in three phases. Monday was the beginning of phase one with kids ages 10-15. This weekend phase two will start for kids ages 7-10 and as soon as June 26 the youngest ball players ages 4-7 will get to come back to practice."Everybody's learning how things are going to be done out in the field and that's why we're doing it in three different phases so that we can make adjustments," Maldonado said.He said managers and coaches will be wearing masks, but the kids don't have to. He said the kids will be encouraged to socially distance.There won't be any hugging, high-fives, or sunflower seeds and hand sanitizer is always close by. The dugout will be expanded to the stands, Maldonado said, to accommodate for social distancing.Parents aren't allowed at practice yet and sick players are encouraged to stay home.Monday Walrath said the boys played wiffleball, just as they would any other day."We're not going to change the game of baseball. We're changing how we're watching the game of baseball," Maldonado said.Walrath said safety is a priority for every family. "There's always health concerns in sports, whether that's normal injury concerns. Coronavirus adds a new twist to health concerns and just like with anything else I think this is a personal risk decision for each and every one of our families," Walrath said.Sweetwater Valley Little League has a history of big wins, making it to the Little League World Series in 2015, and Regionals in 2019.Families hope to get their kids some social interaction after months of staying at home and keep them safe. 2426
SAN DIEGO (KGTV) — Heartwrentching video of a humpback whale tangled in fishing net off of San Diego's coast prompted wildlife experts to react quickly.But the whale's condition is unknown after rescue crews were unable to help the animal.The video was captured Friday by Domenic Biagini, owner and captain of Gone Whale Watching San Diego. What appeared to be another spectacular whale sighting turned into heartbreak."We got really excited because we saw these giant splashes," Biagini told 10News' Amanda Brandeis. "From that elation to kind of, pure heartbreak."RELATED: The world's smallest whale on the brink of extinction in the Sea of CortezNOAA and SeaWorld crews were notified of the whale. But SeaWorld said the whale was swimming too fast for them to continue rescue efforts."15,000 pound animal jumping out of the water next to a small boat that they're trying to use to rescue it is extremely dangerous, " said Biagini.Now the hope is agencies further north are able to find the whale to make sure it is freed from the netting.The face of the 30-foot whale appeared to be tangled in green fishing net. The netting was a drift gill net, which hangs vertically in the water and could measure up to a mile long.RELATED: Boaters warned to watch out for newborn gray whales during late migration"They are notorious for being dolphin, whale, and sea lion killers," Biagini said.Biagini said at one point, another humpback whale arrived and swam by the tangled whale."To see something that graceful, that gentle, that harmless go through something like this that's 100 percent caused by us, there's no debate on it. It's maddening," says Biagini. "For me. that's when I really started to get emotional because these are very sentient animals that do feel a wide range of emotions."This season, boaters are already being warned to watch out for newborn gray whales making their way from Alaska to Baja, Mexico. Biagini says some adult gray whales may give birth during the trek south because of the late migration. 2028