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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) -- San Diego’s Planning Commission met Thursday to discuss potential new rules that would help regulate the short-term rental industry in the city.A plan proposed by City Councilmember Jennifer Campbell was first introduced in July after a compromise was reached among members of the hospitality industry and short-term rental companies.The plan would implement tighter restrictions such as capping the number of short-term rental permits that are granted. There are also plans to require a two-night minimum stay to avoid one-night stays that are often connected to big parties that concerns residents.A representative for Campbell says implementing tighter regulations will help law enforcement address any problems that may arise.The proposed plan creates penalties and fines for those who violate the city’s “good neighbor” policy.More than 500 people signed up to voice their opinion about this proposal during Thursday’s virtual meeting.One caller said, “We depend on this for our livelihood, especially since the pandemic has taken a toll on us already. Without having the ability to host, many of us will be forced to leave our homes.”Another caller added, “This has been an issue for years. It’s now time to act and bring it to a close.”The next step will be to send the proposal to the full City Council for review. 1350

SAN DIEGO (KGTV) — Smugglers from Mexico have reportedly been able to breach recently constructed sections of the border wall, according to a report from The Washington Post. Smugglers breached the wall's bollard steel and concrete sections using reciprocating saws, allowing drugs and people to pass through from Mexico, the Post reported, citing U.S. agents and officials. The exact locations of the damaged wall were not indicated.10News reached out to U.S. Customs and Border Protection Saturday. While no one was available to speak, the CBP said in an email, "the bollard walls were not designed to be impenetrable or indestructible."RELATED: Border officials say the wall is working, drug smuggling shifting to the seaThis contrasts President Donald Trump's claims during a visit to San Diego in September, in which he claimed the bollard walls were "virtually impenetrable." The President went on to say at the time, "if you think you're going to cut it with a blow torch, that doesn't work because you hit concrete. And then if you think you're going to go through the concrete that doesn't work because we have very powerful rebar inside."The new 14-mile stretch of bollard fencing was completed in August, running from Otay Mountain to San Diego's coastline. The wall measures 18 to 30 feet in height and in some areas, includes two barriers.RELATED: Touring San Diego's border with agentsBorder officials told 10News this week the wall is ultimately working, saying that drug smuggling has shifted to the ocean because of the improved barrier. CBP Commissioner Mark Morgan also said this week that border apprehensions were up 88% from Oct. 1, 2018, to Sept. 30, 2019.An administration official told the Post that the number of these breaches have totaled "a few instances," and echoed border agents' sentiments that the wall "significantly increased security and deterrence" in the San Diego and El Centro areas.The Washington Post reports that smugglers have cut through areas, then replaced the bollard in its original position or used putty to make it appear fixed in order to continue using the opening.RELATED: US border agents dealing with rise of 'fake families'Though agents can repair the damage by welding the bollard wall, they say smugglers can return to the same spot because the metal and concrete are now weakened, the Post said.The Post says that some of the damage has occurred in areas where electronic sensors to detect sawing vibrations have yet to be installed.Makeshift ladders have also been used to climb the barrier into the San Diego area, using hooks and rope ladders to climb down on the U.S. side of the border, the Post adds. 2675
SAN DIEGO (KGTV) — San Diego's Broadway Pier will host special holiday performances and art installations starting Thanksgiving Week.The North Embarcadero will welcome the seasonal spirit with oversize sculptural words spelling "JOY" that list up at night, snowflake graphics along the pier, and a series of pop-up shows by local groups from Dec. 1 to 15. The "JOY" installation will remain on the pier until early January 2020.RELATED:10 special holiday events coming to San DiegoSan Diego holiday tree lightings to catch this seasonTurkey trots, holiday runs in San Diego this seasonSkate away on one of San Diego's outdoor ice rinks this holiday season“The Port of San Diego is proud to sponsor these pop-up performances and the ‘JOY’ installation on Broadway Pier,” said Garry Bonelli, Chairman of the Board of Port Commissioners. “These artistic performances and the ‘JOY’ installation will welcome everyone to Broadway Pier, activate the waterfront and celebrate the holiday season.”Visitors can enjoy performances by:Culture Shock Dance Troupe: A non-profit group that displays innovative performances and dances focusing on the power and beauty of hip-hop and break dancing.SACRA/PROFANA: A local choral program that brings its own take to holiday music with vibrant performances and collaborations.transcenDANCE: Youth arts project that will perform graceful choreography in dancing and theatrical shows. 1422
SAN DIEGO (KGTV) -- SANDAG and Caltrans are warning people about an overnight closure on Interstate 5 beginning Thursday night for work on the Mid-Coast Trolley Bridge. Starting February 28 at 9:30 p.m., all southbound lanes on Interstate 5 will be closed from the interchange of I-5 and I-805 to La Jolla Village Drive. All lanes are scheduled to reopen on March 1 at 5 a.m. The lanes will be closed so crews can pour concrete to construct the structure for the Trolley overpass spanning I-5 at Voigt Drive. SANDAG says traffic signs have been posted in the area detailing the detour motorists can take. The Mid-Coast Trolley Project will extend the Blue Line Trolley service from Old Town north to University City. Nine new stations will also be constructed. 769
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