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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) - Despite the early morning wake-up call, San Diegans still got out to catch NASA's first interplanetary rocket launch from the West Coast.San Diegans unfazed by the 4 a.m. start time broke out their cameras and looked up to the sky to catch the Atlas 5 rocket take off from Vandenberg Air Force Base just north.Some users took to Instagram, others to our 10News Weather Watchers Facebook page. Either way, photographers were happy to get out of bed and watch as the rocket soared through the morning sky.Here's a look at the view from the lens' of our local photographers:There was a slight worry over fog clouding the view for San Diegans, but clearly, those worries evaporated once the launch was given the all-clear.Atlas 5 and the InSight rocket are set to arrive at Mars on Nov. 26, 2018, around 12 p.m. Yup, NASA is that exact about the time.For two years, the InSight mission's lander and two satellites will research how the planet's terrain is formed, seismic activity, and how meteorites have affected the surface.If you happened to miss the launch of Atlas 5, we streamed it early Saturday morning on our 10News Facebook page: 1203

SAN DIEGO (KGTV) — Despite having the most coronavirus cases of any local university, large off-campus parties continue to be an issue for San Diego State University and nearby residents.Students living off-campus have been attending large parties, according to neighbors. As of Saturday, SDSU had 1,184 COVID-19 cases, 767 of those cases being reported in off-campus students.Locals living in the College Area says many students continue to ignore public health orders and hold large, loud parties with no physical distancing or mask wearing."It's really frustrating and at this point, I feel like there's not a lot that we can do because you know those people, they're just going to keep doing what they're doing," one neighbor said.In a statement to ABC 10News' reporting partner KPBS, San Diego State says more than a hundred notices of violations have been delivered to residences in the college area.The university also contracts elite security to keep an eye on the neighborhood surrounding the school for any violations. If a security guard notices a party, they call police to respond.As of Friday, Cal State San Marcos had reported 18 total COVID-19 cases, three of which were off-campus. At UC San Diego, there have been 106 coronavirus cases since March 1, with three being reported since Oct. 1. Since Aug. 16, the University of San Diego has reported 130 confirmed and 17 probable cases, with 127 COVID-19 cases being non-residential students. 1465

SAN DIEGO (KGTV) — Head outside and enjoy everything San Diego has to offer this weekend.The final show of Santee's Summer Concert Series takes the stage Thursday, with The Might Untouchables headlining at Town Center Community Park. La Mesa will also bring out tons of beautiful rides for the La Mesa Classic Car show along La Mesa Blvd.Second Chance Beer Company celebrates its fourth anniversary with three days of special beer releases at its locations in Carmel Mountain and North Park. The San Diego Kids' International Film Festival also brings more than 150 films from more than 30 countries to Carlsbad for a weekend full of cinema.SUMMER'S ALMOST OVER:Great San Diego spots to grab ice cream on hot daysSix great San Diego spots where you can unwindBeat the heat at San Diego's fantastic splash pads and water parksBarrio Logan celebrates community and art with La Vuelta Summer Festival along Logan Avenue, and the EmBARKadero goes to the dogs for the Barks and Brews festival this weekend.Plus, Bike the Bay opens up to bicyclists and it's back-to-school time for many! Here's a look at some fun events this weekend:THURSDAYLa Mesa Classic Car Show Where: La Mesa Village; Cost: FreeHead over to La Mesa Village and take a gander at pre-1974 cars, trucks, and other autos during the La Mesa Classic Car Show. Live music will serenade your stroll along La Mesa Blvd. with the night's best cars are honored.Santee Summer Concert Series Where: Town Center Community Park East; Cost: FreeEnjoy the final week of Santee's Summer Concert Series with The Mighty Untouchables. The community event hosts free concerts over the summer complete with a weekly Food Truck Rally every Thursday.FRIDAYSan Diego International Kids' Film FestivalWhere: Schulman Auditorium Street, Carlsbad; Cost: Starts at (Friday - Sunday) Check out more than 150 films from more than 30 countries by filmmakers from the U.S., China, Korea, Canada, Mexico, France, and elsewhere during the San Diego International Kids' Film Festival. Films will touch on aspects that promote positive education, filmmaking in other countries, and cultural topics.Second Chance Beer Co. 4th anniversaryWhere: Carmel Mountain and North Park locations; Cost:(Friday - Sunday) Celebrate Second Chance Beer Company's 4th anniversary in San Diego with three days of events in Carmel Mountain and North Park. The brewery will release a special collaboration Double Hazy IPA with AleSmith Brewing Company, art-themed activities, a cornhole tournament, and special release beers.SATURDAY11th annual San Diego Spirits FestivalWhere: Port Pavilion on Broadway Pier; Cost: - 0Sip and soak in the sun at San Diego's annual celebration of local spirits and cocktails at Port Pavilion this weekend. The Spirits Festival will feature bartender competitions, seminars, tastings, parties, food, and more at this celebration of mixology.La Vuelta Summer FestivalWhere: Logan Avenue; Cost: FreeLa Vuelta Summer Festival showcases the diverse and artistic community of Barrio Logan with a classic car show, beer garden, live music, and more across Logan Avenue at this free event. Barks & Brews FestWhere: Embarcadero Marina Park North; Cost: - Help raise funds for The Barking Lot Rescue during Barks and Brews, featuring a variety of local vendors, breweries, and delicious eats to pair. Dogs can run free in an off-leash area, compete in pet-friendly contests, or show off their skills in a silent dog disco.SUNDAYBike the BayWhere: Coronado Bay Bridge; Cost: - San Diego will get their once-a-year chance to ride across the Coronado Bridge. In addition to getting the great view from the top of the bridge, the ride takes cyclists on a 25 mile tour of the South Bay, going around the harbor and through Coronado, Imperial Beach, Chula Vista, and National City. 15th Annual LeucadiART WalkWhere: Coast Highway 101 in Leucadia; Cost: FreeArt, culture, and and music will take over Coast Highway 101 during LeucadiART Walk. Visitors can take in live art demonstrations, a delicious beer garden and food, live music, and art installations and showcases from vendors.Back-to-School BashWhere: The Shoppes at Carlsbad; Cost: FreeIt's back-to-school time for families across San Diego! Head over to The Shoppes at Carlsbad where you can enjoy a free, family-friendly event with giveaways, entertainment, and the chance to meet Nickelodeon star Sean Ryan Fox. 4429

SAN DIEGO (KGTV) — Developers behind Horton Plaza's planned redevelopment have reached a deal with Macy's, allowing the project to continue.Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. The massive overhaul will see the nearly vacant mall turned into a mixed-use tech campus.Terms of the deal were not disclosed. A request from 10News to the developer about the deal was not immediately returned.RELATED: Time's up: Horton Plaza says goodbye to iconic Jessop's ClockThe Campus at Horton will feature office and retail space, entertainment, and a reimagined Horton Plaza Park, developers say. In October 2019, Macy's filed a lawsuit to stop Stockdale Capital Partners' project. The San Diego City Council unanimously approved reducing Horton Plaza's previous retail deed restriction and the project in May 2019, with the project slated for completion in 2021.“We are making a long term commitment to downtown San Diego and plan to quickly deliver The Campus at Horton as an urban hub for San Diegans to gather and a catalyst for thousands of high paying tech jobs, defining the future of downtown,” Steven Yari, managing partner at Stockdale Capital Partners, said in a release.The developer envisions the 700,000-square-foot campus will become home to about 3,000 to 4,000 new jobs. 1372