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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) - School districts across San Diego could begin to build affordable housing for employees and teachers who are struggling to make ends meet.Under the Teachers Housing Act of 2016, districts are now allowed to build housing on land they own. They can designate the homes specifically for teachers and employees, while still getting tax credits and funding usually only given to affordable housing projects open to the general public."The people working at schools need to live in the community they're working in," says San Diego County Board of Trustees Vice President Mark Powell. He recently published an article on the website VoiceofSanDiego.com advocating for the idea. He believes it would be a great way to make sure districts can attract and retain teachers who may not be able to afford California's rising housing prices."If wages are not high enough for them to afford to work in this area, then they're going to leave," says Powell. "That creates a vacuum, and it creates a shortage of a workforce."Right now, the average salary of a teacher in San Diego is ,314.That's less than half of what you need to make to afford a median-priced home in the area.Teachers we spoke with say they can't afford to live in the school districts they work for."I feel like an outsider," says Olympian High School Music Teacher Jennifer Opdahl. She drives about a half-hour to and from work every day. Opdahl says she has problems connecting with the community when she doesn't live there. She also gets frustrated that she can't vote on issues that affect her district. "I would be less stressed. I would be less exhausted. I would have better balance," Opdahl says of the benefits of living closer to campus. "All of those things equate to better health and, honestly, a longer career."San Diego Unified School District officials say the idea of using excess land to build housing is something they're already looking into. Recently, they partnered with Monarch Developments on an apartment complex in Scripps Ranch. The developer is leasing the land from the district and will designate 20% of the apartments in the complex as affordable housing. The district hopes their employees will be able to move into those units."We absolutely intend to be a part of the solution," says SDUSD Board Member Richard Barerra. He says the district is also looking at a handful of sites that they can turn into housing.Barerra says the district plans to move Central Elementary School in City Heights to a new location on the site of Wilson Middle School. He says the land where Central sits right now could become housing. He also says the district is considering renovating their headquarters on Normal Street to include a teachers' village with housing and open space. The district is also turning their old book depository building on 22nd Street and Commercial into a mixed-use development."To deliver quality education, you need quality educators," says Barerra. "So everything we can do to make it possible for great teachers and particularly young teachers to come into our district and teach our kids, it's all part of the investment in education that voters in San Diego have made."Because the districts already own the land, Powell believes they can bypass a lot of the planning steps that delay construction and add to costs. That would help keep the cost of rent down for teachers when they move it. It could also eventually become a way for districts to add money to their budget."You can use bond money, or you can get federal grants or loans from the state to build the units," says Powell. "Eventually, at some point, these lands start to pencil out and are positive cash flow."Barerra says he thinks SDUSD could have housing completed within 3-5 years."I think what we will do is create a sense of what's possible that other districts can look at and this can be really a big part of the solution," he says. 3939

SAN DIEGO (KGTV) -- Several major streets around San Diego are closed to cars to make way for more bicycles Sunday. The San Diego Bike Coalition hopes the event, called CicloSDias, will encourage people to ride their bikes instead of using their vehicles. Streets like Adams Avenue in Normal Heights and El Cajon Boulevard in City Heights will be closed. The event starts at 10 a.m. and lasts until 5 p.m. The event will also host a free concert with food and activities on El Cajon Boulevard between Fairmont and 44th Street. Click here for more information on the event. 581

SAN DIEGO (KGTV) - San Diego State University is launching two task forces after a 19-year-old died earlier this month after attending a fraternity event.Dylan Hernandez died Nov. 8 after falling out of the top bunk in his dorm.In the wake of the tragedy, SDSU suspended all 14 of its fraternities. On Wednesday, it announced the creation of two task forces to address student life and attack issues that may have led to Hernandez's death. RELATED: Cause determined after San Diego State University student diesOne task force will study student activities and safety, while the other will investigate alcohol and substance misuse. About half of the 28 members are university employees and administrators, while about five are current students. Erik Johannesen, a chapter advisor for the Delta Sigma Phi, will participate in the task force on activities and safety. "Fraternities, when they're operating well, they're the great finishing school for every young man that joins one," said Johannesen, who graduated SDSU in 1981. "When we are off our game we are absolutely deplorable in terms of what our behavior can be."RELATED: San Diego State suspends 14 fraternities after student is hospitalizedThe makeup of the boards are already under scrutiny due to the lack of current students. "They're the ones that will tell you how they drink, and where the risk is, and they're the ones that have to buy in," said education attorney Bob Ottilie. "When you get rules from the top down, they're not followed."A spokeswoman for SDSU said additional task force members will likely be added in the coming weeks. The two groups will start meeting this fall and will produce their own reports that could potentially turn into action. 1732

SAN DIEGO (KGTV) - San Diego residents have more access to public parks than other major California cities but parts of the county are falling behind, according to a study by the Equinox Project.78 percent of San Diegans live within a half-mile of a park in city limits, the study showed in an analysis of 2016 data. Overall, the city had almost 35 acres of park land per 1,000 residents.Mayor Faulconer credits proper budgeting as a reason for having so many parks in the city."Our neighborhood parks need to reflect that. That's why it's been important to me to back that up and put the dollars where they're supposed to be going and we're seeing a huge difference," said Faulconer.COUNTY CITIES TRAIL SAN DIEGOThe park land percentages dropped in San Diego County cities with higher low-income populations: Lemon Grove, La Mesa, Vista, and El Cajon.Moms like Nichollette Burrows and Kiara Edwards in Lemon Grove say they usually drive out of their city to look for different options for their children."It definitely makes my husband and I want to move to somewhere that's more kids friendly and already has those amenities," said Burrows. "Almost every time they ask if we can walk to the park, but it's just too far," said Edwards.  1255