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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 Sheriff's Deputy Richard Fischer was re-assigned to administrative duties after a woman's allegations of inappropriate behavior surfaced this week.Now, a San Marcos woman is alleging Fischer did the same thing to her last year. The woman is accusing Fischer of inappropriate conduct and touching in August of 2016, according to her attorney, Dan Gilleon.RELATED: Woman claims she was groped by San Diego deputy, files claim against department"Her house was burglarized during in the day and Fischer was one of the deputies that arrived to investigate the burglaries. They all leave," Gilleon said of his client's claims.Later, Gilleon said she heard a knock at her door."It's Deputy Fischer again. She opens the door and he looks at her and says, 'It looks like you could use a hug,' and without her consent reaches in and hugs her," Gilleon said.Gilleon added Fischer knew no one else was home."It shocks her, she's startled. The hairs going up on the back of the next," Gilleon said, alleging Fischer then uses the same ruse as another woman claims - asking to use the bathroom."Now he's deeper into the house and hugs her again. Now she's resisting and walks him to the door and he says - don't worry. I'll be in the community and I'll be keeping an eye out for you," Gilleon said.The second woman saw a news story about the other woman's similar allegations and recognized Fischer, according to her attorney."When she saw the story she knew word needed to get out. She wanted the other woman to know the same thing happened to her and she wanted the community to know this is what he is out there doing," Gilleon said. Gilleon is filing the second claim next week.An SDSO spokesman told 10News he will look into this second allegation and issue a statement. 1894

SAN DIEGO (KGTV) — Some Pacific Beach families say they no longer feel comfortable at their public library because of the homeless population."It's no longer a library it's a homeless shelter, and that's the word that's spreading."Racheal Allen spends hours each day crusading for public safety in PB. The Neighborhood Watch Block Captain is tired of seeing the same problems on repeat at the library. "Cleanliness an issue, hygiene, I would not let my kid run around barefoot here," Allen said.MAP: Track crime happening in your neighborhoodMost recently she saw the swing sets being used as a clothesline. "I've seen a lot, but when I saw that it was a slap in the face," Allen added.And another slap in the face she says, a new library policy enacted last year. Under the old code of conduct, people sleeping in libraries were woken up and asked to leave.RELATED: Woman says homeless are stealing power from her City Heights apartment complex“It’s very broad and applies to everyone," Library Director Misty Jones said. "If I was to enforce I'm going to suspend a toddler who falls asleep or I’m going to going to suspend an 80-year-old man who nods off reading the newspaper.”Jones says now, staff will wake a person up but they won't be kicked out if they're not disrupting others. "It was punitive and unfair and targeting a specific population," Jones said.Jones says one reason the policy changed was after a librarian found a teenager sleeping. Rather than kick her out, she had a conversation with the teenager. RELATED: Neighbors fed up with homeless trash on undeveloped?College Area lot"She found out the girl was a victim of sex trafficking, she was able to call police, get social workers here and get her reunited with her family," Jones said.But Allen says she's seen illegal activity outside the library and worries relaxing this rule will only lead to more problems."I want the library to consistently enforce their rules, I want guards to consistently patrol, it seems they are only on top of it when the community pushes them to be on top of it," Allen said.And that, she says, is no solution at all. 2180
SAN DIEGO (KGTV) -- San Diego’s Gaslamp Quarter transforms this week into a comic lovers dream, but it’s not all fun and games. The thousands of attendees who flock to the site also have a massive impact on local businesses. San Diego’s Tourism Authority says more than 135,000 people come to Comic-Con, spending million while they’re here. The authority also says the regional impact of Comic-Con tops 0 million. 429
SAN DIEGO (KGTV) - San Diego Police released Thursday the name of a man who was shot and died after reportedly breaking in to a San Carlos home. Hollis Forman, 38, entered the home in the 6300 block of Lake Shore Drive July 16 and began fighting with the 54-year-old homeowner, police said. The homeowner’s wife called 911 as her husband confronted the man. Police said the homeowner’s 20-year-old son grabbed a gun and shot Forman, who ran out the back door and fell into the pool. RELATED: Suspected burglar shot to death, resident injured during San Carlos home break-inWhen officers arrived, they found the homeowner suffering from stab wounds to his upper body and Forman in the pool, dead from a gunshot wound, according to investigators. Anyone with information is asked to call San Diego Police Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 875
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