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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) -- Homes burned overnight Sunday as the Valley Fire raged through the East County, burning thousands of acres and prompting a state of emergency declaration.Video from the scene showed structures and vehicles scorched by the flames. So far, 11 structures have been destroyed by the fire.As of Sunday at 8:47 p.m., the fire has so far scorched 9,850 acres and is 1% contained, Cleveland National Forest says.Evacuation orders have been issued for Barrett Lake Dam, while evacuation warnings have been issued for Lake Marina, Dulzura, Dog Patch, Potrero, Campo, Honey Springs, Barrett Junction, Dearhorn Valley, Corte Madera, Pine Valley, and the area from Lyons/Japatul Valley Rd. to the 8 Freeway.Overnight into Monday, fire crews say the fire is expected to remain active because of the lack of overnight moisture.Structures are being threatened in the Carveacre and Lawson Valley, Wood Valley, Lyons Valley, and Deer Horn Valley. The agency added that power lines that supply a large portion of San Diego County are also threatened.SDG&E says they are working with CalFire to solve any outages due to the fire, but need to wait for approval for their crews to be allowed into the area and to re-energize power lines. The company said there were more than 3,300 customers without power due to the fire.An evacuation center has been set up at Steele Canyon High School at 2440 Campo Road and Joan MacQueen Middle School at 2001 Tavern Road.Joan MacQueen Middle School was briefly closed Sunday as an evacuation center, but has since been reopened.INTERACTIVE MAP: Valley Fire erupts in Japatul Valley areaThe County Animal Services South Shelter is also welcoming evacuated animals. The shelter is located at 5821 Sweetwater Road.The San Diego Humane Society also said Sunday its emergency response team is assisting with animal evacuations. Anyone who needs help evacuating animals is asked to call 619-299-7012. “Remember to evacuate early, take your pets with you, bring food & water,” the organization said.Sunday, Gov. Gavin Newsom declared a state of emergency for San Diego County, in addition to several other counties where wildfires were burning. The declaration will free up federal funds to be used in response to the fires.RELATED STORIESPhotos: Valley Fire erupts in East CountySocial media reaction to Valley FireCheck today's weather forecast in your areaSan Diego County opens cool zones amid heat waveThe fire erupted near Sprint Trail and Japatul Road southeast of Alpine just before 3 p.m. on Saturday. According to the US Forest Service, 374 firefighters are battling the flames on the ground.The Valley Fire also caused air quality to plummet. The County Air Pollution Control District said Sunday that air quality in areas affected by smoke may reach unhealthy levels, compelling the agency to issue a smoke advisory.Additionally, the air quality will be negatively affected by Ozone levels that are expected to be unhealthy for sensitive groups due to the extreme heat, the agency said.“In areas of heavy smoke, assume that air quality levels are unhealthy for sensitive groups to unhealthy for all individuals. In areas with minor smoke impacts, assume that air quality levels range from moderate to unhealthy for sensitive groups,” the organization said.The district advised anyone who smells smoke to limit outdoor activity. 3384

SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) -- For students in the 3D printing club at Westview High in Poway whose goal was never to hit the 'print' button, they've come a long way."It feels really amazing to know the 3D printing club is helping those who are in need."Victor Ku is president for Westview High's 3D printing club that started up this past year.When the club started, their mission was purely educational. They wanted to create a curriculum and teach people the basics of 3D printing because they didn't have the money to actually print anything."It can be very expensive and super confusing at first which is why we believe all these limitations shouldn’t restrict one from getting the opportunity to learn its such an amazing tool."Then when March came around, Victor said "we were back to square one. We didn’t really know what to do and we realized we need to quickly pivot towards the communities needs and in this case it was face shields or personal protective equipment."That's when the team of young and aspiring engineers got to work and finally hit 'print'."We took a small break and waited for all the design and the actual professional engineers to perfect the design before we started mass producing these face shields," Victor said.They've donated about 400 face shields to five different organizations, and are some of the youngest people to make a difference."We’ve distributed them to hospitals, hair salons and post offices to name a few. That little bit could definitely help save any lives."With things easing up, Victor said they want to widen their distribution list. They're also accepting donations to help buy supplies to create more face shields. 1671

SAN DIEGO (KGTV) -- Harbor Police were searching for a vandal Monday who set off a panic at an upscale steak house along the Embarcadero.Customers took cover under tables and ran for the exits at Ruth’s Chris Steak House Sunday night when projectiles smashed through at least two of the restaurant’s bay-facing windows. Someone inside the restaurant shouted “gun,” prompting fears of an active shooter, customers told 10News.“It was one of the craziest things I’ve ever been through,” said Joey Giacalone, a long-time patron and former co-owner of the Venetian Restaurant in Point Loma. “I mean everyone is diving under tables. It was pandemonium.”Two bartenders and a manager jumped into action, Giacalone and his wife said, directing guests to take cover and then evacuate the restaurant.RELATED: Hillcrest restaurant reopens after one week after shooting“There were cooks telling us to come to the back door. They sent us through the kitchen. Because again, no one knew what information was really out there. We thought there was an active shooter,” he said. “I kept envisioning a gunman coming around the corner to shoot us all,” Juli Giacalone added.One of the servers working that night survived the Route 91mass shooting in Las Vegas. Ricca Salazar “reacted quickly and ran out the back door with a couple other staff members,” her husband wrote on Facebook. “She fell and they helped her up,” he said. “Scary night, scary scenario.”Harbor Police determined someone had thrown rocks through the windows. Investigators believe the unidentified vandal may have been a disgruntled customer who left the restaurant without paying earlier that evening, said Lt. Victor Banuelos.Joey Giacalone said the man had been acting strangely.“One guest said he saw him going into the women’s bathroom and said, ‘What the hell are you doing?’ And then he left,” he said.The Giacalones commended staff members for going “above-and-beyond” during the incident.“Everyone is panicking and these guys are saying, ‘Forget about me. I have to do my job for this staff and my guests,’” Joey Giacalone said.Afterward, Juli Giacalone said one of the bartenders approached her with a to-go bag in hand.“She’s like, ‘Here’s your food!’ Through the whole ordeal of being rushed out and fleeing -- we thought -- for our lives, she had carried our to-go bag through the whole situation.”Anyone with information on the vandalism should call Port of San Diego Harbor Police at 619-686-6272, Lt. Banuelos said. 2492