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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) -- Extreme wind and heat is causing a school district along the San Diego coast to close early Friday. The Coronado Unified School District announced Thursday that the district will be on a minimum day Friday as heat reaches into the 90s. A minimum day means that all schools will begin at their regular times, but end the day at 12:30 p.m. Friday will mark the second day the district will let out early as heat scorches the region. RELATED: Check today's San Diego County forecastThe Sweetwater Union High School District also announced Thursday that the City of Chula Vista canceled fireworks shows at homecoming games amid the dry weather. “Attention #SUHSD communities @ CPH, HTH, ORH & MOH. The City of CV & SD have cancelled permits for fireworks displays for this Friday’s Homecoming games. We are aware fireworks are a time-tradition, however due to concerns of severe dry weather, we have been advised against them,” the district said in a tweet. The cancellations and closures also come as more than 7,000 people throughout the county are without power due to planned outages. Click here for an updated list of outages from SDG&E. A red flag warning that began early Thursday morning for a large swath of San Diego County continues through Friday at 5 p.m. 1305
SAN DIEGO (KGTV) — FBI investigators are searching for a woman wanted in two grocery store bank robberies.The woman, described as a Caucasian blonde in her 20s standing about 5-feet 6-inches tall, is believed to be behind two heists in La Mesa and Rolando areas this month.On Sept. 12, investigators say the woman walked into a US Bank inside the Vons grocery store at 6155 El Cajon Blvd. just before 3 p.m. She presented a demand note to the teller and fled with an unknown amount of cash. She was wearing a hat and sunglasses during the incident to hide her identity.RELATED: FBI seeks tips in finding Oak Park bank robberThe suspect wore a grey, long-sleeved sweater, black yoga pants, black sunglasses, and a black hat.Then on Sept. 16, the same woman is believed to have entered the Wells Fargo Bank inside a Vons at 8011 University Ave. in La Mesa just after 10 a.m. Wearing a similar disquise, the woman presented the teller a demand note and fled with cash.No weapons were seen during the robberies, investigators said.Anyone with information on the suspect's identity is asked to call San Diego FBI at 858-320-1800 or Crime Stoppers at 888-580-8477. 1166
SAN DIEGO (KGTV) - Eateries in Ocean Beach say Memorial Day weekend is getting them back on top after a slow winter.A couple factors in play, nearly back to back storms and the closed pier. "Our numbers are still way above normal so we'll take it," South Beach Bar & Grille Bartender Philip Cullin said Friday and Saturday were great for business.Next door at Lighthouse Ice Cream, those sentiments were echoed.Sunday was a different story, clouds loomed overhead with sprinkles and rain in the evening, dampening the influx of customers. "It's really cold, there's not that many people out," 14-year-old birthday girl Bella said. She came out with friends and family to celebrate.Businesses thankful to see those customers, saying it's been tough through the slow winter months.Inside the bar, Cullin said they saw lots of business Sunday, "it comes in waves, you'll get like a mad lunch rush, everybody bombs in at the same time to get their fish tacos, and then they clear out mid afternoon and your locals come in."With the pier open, they're seeing even more people, "this area gets way more congested when people are chilling at the pier," Cullin said."I found out Thursday night the pier was opening on Friday and I knew I had to get here early and start making waffle cones, it was a busy day for us, we couldn't even find parking in the morning," Lighthouse Ice Cream Manager Robbie Valdivia said.They're hopeful Memorial Day will bring sunshine and another wave of customers."We actually had them for about two weeks now, a lot of tourists here from out of town, out of state, so it's been really really nice," Valdivia said, knowing it's the unofficial start of summer. "It's going to be busy from here on out, there's going to be a line out the door." 1775
SAN DIEGO (KGTV) - Drive through any neighborhood in San Diego these days, and you’re bound to see homes decked out for the holidays. This time of year also can signal a slowdown in the real estate market - and an opportunity for buyers.Germaine LaValade took advantage, and is about to own his first home. He’s in escrow for a four-bedroom home in North Pacific Beach, listed for .17 million. LaValade, a software engineer, said a big reason the seller chose him was because the sale would close before the end of the year for tax purposes.“Because we are renters right now we didn’t have any house to sell to buy this one,” LaValade said.A motivated seller is just one of the advantages a homebuyer may have in these winter months - far removed from peak summer season. Another help - interest rates, which have been on the rise, tend to soften as activity slows nationwide.“We’re seeing a lot of prices are coming down from the all-time highs that they were,” said San Diego realtor Gary Kent. “We’re probably off as much as 5 percent from the peak, peak, peak of the market.”But prices are still high in San Diego County. In October, the median sale price was 0,000, up more than 5 percent from a year earlier.While activity is thought to slow, San Diego realtor Michelle Silverman said some of her best months have been in December. She said buyers get a little more leverage, while sellers still capitalize on low inventory. Silverman believes anyone involved now is also probably for real.“When you have serious buyers you have homes that will close,” she said. “You have sellers that are ready to negotiate and are willing to maybe give a little bit more that they wouldn’t give before, but they want it sold."Still, San Diego’s weather is good enough to shop for homes year-round.“You can close in January and get a good value on a home due to the decreased demand in December,” Kent said.The San Diego Association of Realtors reports roughly 7,300 active listings in the county in December, up about 80 percent from a year earlier. 2055