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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) -- 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

SAN DIEGO (KGTV) — Seven families are suing the company that runs the San Diego County Fair after they say members of their family contracted E. coli traced to the fair's livestock last summer.The lawsuit alleges the 22nd District Agricultural Association, which runs the annual fair and the fairgrounds, was negligent in its handling of the petting zoo area, failed to safely guard guests and warn of risks, properly inspect and clean, and screen animals at 2019's fair."People were getting sick all the way from June 8th to June 22nd, at least," said attorney Ben Coughlan, who is representing the plaintiffs. "That demonstrates a real failure by the fair to clean and properly protect the people they were inviting on, they were selling tickets to from this deadly disease."RELATED COVERAGE: Families file claims for fatal E. coli outbreak at San Diego County FairAs of July 2019, there were 11 laboratory-confirmed cases and two probable cases of patrons who visited the San Diego County Fair in June 2019 and contracted shiga toxin-producing strain of E. coli O157:H7 (STEC) thereafter, the suit states. The County of San Diego Health and Human Services Agency traced the outbreak to children that had visited the animal areas or the petting zoo at the fair, or had other animal contact at the fair, county health officials reported. Officials added that the illnesses had no link to any food facilities the children accessed.The family of 2-year-old Jedidiah King Cabezuela, from National City, is also represented in the suit. The toddler died 10 days after visiting the fair's petting zoo, suffering from kidney failure and other complications from STEC.RELATED COVERAGE: E. Coli outbreak linked to San Diego County Fair reaches 11 casesCoughlan says the family is still reeling from the loss and wants to see action taken."Of course, they are still struggling, they are dealing with an incomprehensible loss," Coughlan said. "For any of us who have children, it’s just something that’s unimaginable. The strength that family has, the strength to step up and say what happened last year was wrong, we want it fixed and we want it better in the future is remarkable."In the lawsuit, the 22nd DAA is accused of also failing to provide adequate hand-washing stations and immediately remove or quarantine animals suspected of transmitting E. coli to guests.RELATED COVERAGE: CDC: How to protect yourself around fair animals 2435

SAN DIEGO (KGTV) – Stopping aggressive behavior before it starts is one of the many goals for schools within the San Ysidro School District.The San Ysidro School District partnered up with the District Attorney’s office to teach staff members restorative practices in school. These practices help students deal with their emotions and understand their behaviors.Kids take a few minutes a day to express how they feel and address different topics like who they trust and why. This practice is a way to swap punishment and instead provide support in hopes of reducing crime, bullying, and violence.RELATED: Bullying a major concern as kids go back to school“This is giving these students an opportunity to be more successful because when emotions get involved and you don’t know why you have them, and you don’t know how to deal with them that’s when a lot of students get in trouble,” said Manuela Colom-Ramirez.The District Attorney’s office and the and the San Ysidro School District hope this program provides an action plan guideline for students, staff, and parents.“It’s all under the philosophy that when you are doing with, rather than to, you are going to get more inspired kids, you are going to get more inspired youth, and we are able to build a more sustainable community,” said Khemal Johnson. 1319

SAN DIEGO (KGTV) -- Spring is in the air and it’s the perfect time of year to get the family outside to enjoy all the beauty of San Diego County.If you’re thinking of taking the family for a bike ride, we’ve compiled a list of great family-friendly spots to enjoy around the county.Check out the list below: 315

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