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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 City Council Monday approved a key step in turning Horton Plaza into The Campus at Horton. At Monday night’s meeting, the council approved reducing the current retail deed restriction on the property, creating the opportunity to build the office space. The campus would combine employment, entertainment and retail. According to a news release, the office space would be large enough for 3,000 to 4,000 jobs. RELATED: Horton Plaza buyers hope to transform center into tech hub by 2020; Renderings releasedWith the approval, the campus will include 700,000 square feet of office space and 300,000 square feet of retail space. Construction is slated to begin later this year, with estimated completion by the end of 2020. “Today’s approval marks an exciting new chapter for the current Horton Plaza property and for the Downtown community,” said Betsy Brennan, President and CEO of the Downtown San Diego Partnership.“Just as Horton Plaza reshaped Downtown San Diego more than three decades ago, the Campus at Horton will be a catalyst for growing San Diego’s innovation economy and enhancing the Downtown San Diego lifestyle.” 1166

SAN DIEGO (KGTV) — Santas are taking a big hit in 2020 for two big reasons: the pandemic and politics.During a typical December, Santas in San Diego would pop up at events, fundraisers, malls, parties and more. FORBS is the Fraternal Order of Real Bearded Santas, and the group meets and trains year-round to prepare the best Santas for the holiday season. This year, even these pros can’t find work.There are two big reasons for this. The first is one that is impacting most industries right now: the pandemic. Events and parties are canceled, and malls are hurting. At a mall, Santa usually would go through a line of kids, put them on his lap, and ask them what they want for Christmas this year. Now, if Santa is able to meet and greet, face masks and Plexiglas stand in between Saint Nick and the children.RELATED: Out-of-state mall Santas? St. Nicks warn of AB-5 impacts in CaliforniaThe second reason Santas are struggling to find work is Assembly Bill 5. AB 5 was publicized as a bill that would help independent contractors like rideshare drivers, but it also impacts mall Santas. Mall Santas traditionally are hired as independent contractors through third-party bookers or employment agencies. Under Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez (D-San Diego) and passed this year, those workers are reclassified as employees with insurance and other benefits.FORBS members fear companies won’t want to hire Santas as employees.“What’s that mean? It just means Santa is an employee instead of an independent contractor. Santas will be getting a paycheck with holdings taken out of it,” said one Santa.This means Santas who train year-round for this month have to adapt. Some are turning to virtual meet and greets to make ends meet.“Virtual is definitely for me the savior of the year,” said a Santa who recently got booked up with back-to-back virtual greetings. He said he usually makes about ,000 per holiday season, but will be lucky to break ,000 this year, even with the uptick in virtual bookings.Another Santa said he usually works at a mall, but that gig was canceled this year so he’s working as much as he can at Seaport Village, which does have in-person Santa photo opportunities. He said he usually makes around ,000 per season, but will be happy if he breaks ,000 this year. Despite the pay drop, both Santas say they’re thankful to be able to spread a little bit of Christmas joy, and look forward to 2021 when hopefully at least one of their issues will be resolved."Things could be worse. We make the best of what we’ve got."The schedule for Seaport Village in-person photos can be found here. Bookings for a virtual Santa visit though The Santa Experience can be found here. 2737

SAN DIEGO (KGTV) — Several Californians are suing a state senator for blocking them on his Twitter page, a lawsuit which could impact how all members of the public are allowed to interact with their elected officials.The lawsuit alleges that Dr. Richard Pan (D-Sacramento) violated the rights of several people when he blocked them. Pan is the senator who wrote the 2015 California law that requires children to get vaccinated before going to school.Those who are suing Pan are advocates against vaccination. Pan and other lawmakers argue that people should not be allowed to post or comment what he considers to be false and misleading claims about the safety of vaccination on his page, which he says helps spread dangerous information.RELATED: DOJ to appeal ruling that Trump cannot block social media usersBut others argue that the social media pages of elected officials are public forums, therefore open to everyone with speech protected by the first amendment. Specifically, they accuse Pan of viewpoint discrimination.Earlier this year, a judge ruled in a case against President Donald Trump, who blocked several political opponents and was sued on similar grounds.But such a precedent could go beyond protecting the ability to post a point of view. San Diego Assemblymember Lorena Gonzalez-Fletcher put out several tweets on the issue Monday, suggesting that she should have the right to block people who post abusive, threatening and harassing messages.  1482

SAN DIEGO (KGTV) - San Diego's first female police chief will walk out of police headquarters for the final time Thursday.Shelley Zimmerman, 58, will leave San Diego Police Department nearly four years to the day City Council leaders approved her as police chief. She was selected to lead the city's police force by then-Mayor-elect Kevin Faulconer in February 2014.Zimmerman took over the position from William Landsdowne, who stepped down from chief after more than 10 years following a growing scandal of sexual misconduct against SDPD officers.RELATED: New San Diego police Chief David Nisleit sworn inZimmerman departs SDPD after a 35-year career in the police force after moving to San Diego from Ohio in 1981. Incoming Police Chief David Nisleit, like her, has worked for SDPD for more than 30 years.It has been my absolute honor and privilege to serve the @CityofSanDiego as a @SanDiegoPD Officer for 35 years and these last 4 as your Chief. Congrats Chief Dave Nisleit. Our City is in great hands. My best wishes to all. pic.twitter.com/UbSGg86fh3— Shelley Zimmerman (@ChiefZimmerman) March 1, 2018 1150

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