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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) — Enjoy some socially distant exploring in Old Town or stay in for a day of tacos and beer and virtual entertainment.Old Town is hosting Summer Nights Thursday through Sunday to help support local businesses and connect locals with outdoor attractions. Jump into the San Diego Tacos and Beer Festival virtually, with tacos and beer shipped or available for pick up for participants and live entertainment virtually through the festival.San Diego Safari Park is hosting safaris once again, including its Sun Up Safari bringing guests up close and personal with the park's animal ambassadors.(As a reminder, residents are encouraged to stay home if they feel ill and avoid large gatherings with people not from the same household. The county also requires residents to practice social distancing and wear a facial covering when within six feet of those not from the same household.)Oceanside International Film Festival (Friday - Sunday): The Oceanside International Film Festival is moving online from Aug. 15 to Aug. 23, showcasing works from local filmmakers and supporting the local arts. Check out the film, "Orale Thrucha," by ABC 10News editor Brian McHugh and several other works being screened. More infoOld Town Summer Nights (Friday - Sunday): Enjoy Old Town safely with social distance dining, shopping, and sightseeing Thursday through Sunday until Sept. 27. The Old Town Chamber of Commerce is hosting the event from 4 p.m. to 10 p.m. Outdoor attractions will be open for visitors and participating businesses have set up outside for shoppers and diners. More infoVirtual San Diego Tacos and Beer Festival (Saturday): Bring the tacos and beer home for the San Diego Tacos and Beer Festival's virtual edition. Each ticket will come with 7 craft beers, 2 margaritas, and 2 tacos (which can be picked up or sent to your home). The online festival will feature live performances, live chat with brewers and mixologists, tasting tips and walkthroughs, and games. More infoSun Up Safari (Saturday - Sunday): Wake up early with the animals at the San Diego Zoo Safari Park during Sun Up Safari. Guests will take an early stroll through the Safari Park and meet some of the park's residents at Shiley's Cheetah Run and Kijamii Overlook. More infoSpreckels Organ Society online concert (Sunday): The Spreckels Organ Society will give an organ concert online, with Civic Organist Raúl Prieto Ramírez and Spreckels Organ Curator Dale Sorenson. The duo produces the weekly concert every Sunday live from the world's largest outdoor musical instrument. Viewers can make online donations during the concert in support of Spreckels' free concerts. More infoSan Diego County Fair food fun (Friday - Sunday): What's the July 4 weekend without some fair food? The Del Mar Fairgrounds is offering delicious bites from fair vendors Friday through Sunday from now until Sept. 7. Grab a bit from vendors like Chicken Charlies, Roxy's, Sugar Bear, and more! The fair is also hosting virtual exhibits showcasing student artwork, photography, and livestock shows. More info 3085

SAN DIEGO (KGTV) — Federal agents have been added to the investigation of a Kearny Mesa fire that gutted an off-roading business early Thursday morning.About 25 agents with National Response Team (NRT) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) out of Los Angeles were requested by San Diego Fire-Rescue to assist with the probe.The NRT agents will arrive Friday and begin processing the scene at Off Road Warehouse Saturday, according to the ATF. They join other officials with ATF Los Angeles, SDFD, and the San Diego Police in the investigation. RELATED: Animals rescued as fire burns Kearny Mesa off road businessNRT personnel are called in to help investigate significant fire, arson, or explosion incidents, the ATF said. The fire comes five months after another fire ignited in November 2018. That fire, however, was reportedly ruled as an electrical fire.“ATF is committed to working alongside state and local law enforcement by bringing its resources to determine the origin and cause of this fire that resulted in a total loss for this business,” said Carlos Canino, the special agent in charge of ATF Los Angeles Field Division. “ATF will provide whatever is necessary to thoroughly investigate and provide answers.”Thursday's blaze was reported at about 1:30 a.m. at the ORW building (7915 Balboa Ave.) The fire caused an estimated .5 million in damages and the warehouse's contents were deemed a total loss. No injuries were reported. The fire also forced the evacuation of several cats and dogs at the nearby Balboa Veterinary Hospital. 1582

SAN DIEGO (KGTV) - Family and friends of Gunnery Sgt. Derik Holley say he was a man of service. The Miramar Marine was one of four killed in a helicopter crash near El Centro during a training exercise on Tuesday. RELATED: Four Marines killed in helicopter crash near El Centro identified"It's unreal. It breaks your heart," Holley's friend, Dan Hark, said. "The first thing I thought of was his son and his wife."  438

SAN DIEGO (KGTV) -- Fire crews responded after a boat caught fire in the San Diego Bay Monday afternoon. Video sent to 10News by a viewer shows smoke billowing from the vessel near the Coronado Bridge. According to Harbor Police, the distress call went out around 2 p.m. An Air Marine Operations boat on routine patrol was the first on scene. The federal marine agents used fire extinguishers to put out the fire, which was confined to the engine compartment. Fortunately, conditions were calm at the time."It's very difficult to control a boat that's burning, not only do you have to deal with the people on board, you have to make sure that you ensure their safety and then you have to deal with a floating fire," said Harbor Police Lt. Victor Banuelos. The fire was quickly put out, but three people and the two officers were taken to the hospital for the treatment of smoke inhalation. Firefighters believe an electrical short in the engine sparked the fire, but the incident is under investigation.The 36 foot cabin cruiser was towed to the 10th Avenue Marine Terminal. “I am proud of the work our Air and Marine boat crew conducted this busy Labor Day,” said Hunter Davis, Director of Air and Marine Operations in San Diego. “Their vigilance helped minimize the prospect that these events would have resulted in a tragic loss of life on the water.” 1366

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