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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) — Schools across San Diego County can reopen for in-person learning if they choose to on Tuesday, Sept. 1, as long as our COVID-19 case rate stays low enough through Sunday, Aug. 31.The county will be providing free testing for all school employees, which is strongly recommended by the California Department of Public Health.“What we’re going to be doing is making testing available at over 20 County-coordinated sites,” said Supervisor Nathan Fletcher. “In addition to that, we’re working with the San Diego Office of Education to open additional testing sites regionally that will be dedicated to school staff.”County officials say testing for asymptomatic children is discouraged, but if parents feel the need to have their children tested, they should consult with their pediatrician.Eight to ten school districts plan to reopen within the next two weeks to one month, according to Dr. Paul Gothold, San Diego County Office of Education Superintendent.“If there’s 5% of positive cases identified in one school, then the entire school would need to shut down,” said Gothold.More than 100 schools, mostly private, applied for waivers to reopen for in-person learning. The county stopped accepting the waivers this week since all schools can likely reopen soon.“I feel confident that we’re ready to reopen,” said Holly McClurg, Superintended of the Del Mar Union School District. The district’s waiver was approved, McClurg said district officials have been working with experts, physicians, and parents for months to develop a safe reopening plan.She said students and teachers at the district’s eight schools were split into two groups. Parents and teachers had the option of choosing virtual learning or in-person learning, said McClurg.Virtual learning started this week, and in-person learning will begin on Sept. 8.“We knew that we had prepared and done a very diligent job of making sure that all of the practices, protocols, PPE were in place. We’ve had expertise throughout this entire community that’s been instrumental in helping us make this decision,” she said. “I feel confident that we’re ready to reopen and can hardly wait to see everyone on Sept. 8.”Some of the larger districts have decided to stick with strictly distance learning for now, including San Diego Unified and the Chula Vista Elementary School District.A spokesperson for Sweetwater Union High School District tells ABC 10News that because COVID-19 continues to have a significant impact on communities in the Southbay, schools will continue with distance learning at least through Oct. 2. Any changes will be announced on Sept. 21.San Marcos Unified Started the school year remotely last week. Superintendent Dr. Carmen Garcia sent ABC 10News a statement saying in part, “Our Governing Board will be approving our return to in-person instruction at our upcoming September board meeting.”Poway Unified will also start virtually on Sept. 2, but parents received a letter from the superintendent which read in part, “Even with this shorter, revised reopening timeline, we have no way of knowing for certain whether San Diego County will be able go 14 straight days staying off the monitoring list. As a large school district, we cannot wait until the day before the first day of school to find out. We already know the constantly changing timelines and decisions have made planning extremely difficult and frustrating for District leadership, our staff, and our families. As a result, to avoid further uncertainty for our staff and families planning for Fall, the Board of Education reaffirmed our Sept. 2 fully virtual start at its last meeting. However, if San Diego County passes the 14-day window and schools are cleared to begin reopening, the Board would like to reassess when and how to physically reopen schools, instead of waiting until December.” 3863

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) — Small businesses trying to stay afloat amid coronavirus restrictions can apply for up to million in forgivable low-interest loans to help them get by. The Federal Small Business Administration has opened its application site for businesses with fewer than 500 employees to apply for the loans, which would have an interest rate of no more than 4 percent. The loans are part of the stimulus package Congress and the President authorized last week. They are meant to help small businesses maintain payroll and meet essential obligations like rent, mortgages and utilities at a time social distancing has eliminated most consumer spending. RELATED: Coronavirus aid: How to help your neighborsIf an employer uses the money as intended, the government says it will forgive the loans."Forgiveness is based on the employer maintaining or quickly rehiring employees and maintaining salary levels," according to the Small Business Administration. "Forgiveness will be reduced if full-time headcount declines, or if salaries and wages decrease."Kelly DuFord Williams, a managing partner at Slate Law Group, says this is an unprecedented opportunity for small businesses, given the low interest loan offer and six months of deferred payments. RELATED: WE'RE OPEN SAN DIEGO: Search open businesses"Small businesses employ a lot of people, especially in San Diego, with such a big entrepreneur community, and the last thing they want is all of us turning off our lights and doing mass layoffs just because of temporary circumstances," Williams said. Jennifer Byard, who owns Communal Coffee in North Park and South Park, said her sales have dropped 75 percent and that she has had to reduce her employees from 22 to eight. Byard plans to take out at least 0,000 to make it through.RELATED: IRS: Distribution of economic impact payments will begin in the next three weeks"I think it's really important for me to have some backup funds right now to be able to reopen, to be able to keep my employees, to pay them more," said Byard, whose shop is now doing takeout only during the day while offering pizza and salad in the evening. For more information on the loans visit SBA.Gov. 2199

SAN DIEGO (KGTV) -- Statewide DUI arrests and fatalities saw a significant increase over Christmas weekend. A total of 47 people died in DUI-related crashes in 2018 compared to 27 deaths over the same time period in 2017. DUI arrests also saw a significant rise. More than 1,100 people were arrested for DUI in 2018 compared to 917 in 2017. In San Diego County, three people died due to DUI-related crashes, tying with 2017. DUI arrests rose slightly from 56 to 57 in 2018. The reporting period for the arrests and deaths was Friday, December 21 through Tuesday, December 25. 584