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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) -- Friday, small businesses throughout San Diego came together against a proposed ban of Styrofoam and single-use plastics while proponents are holding their ground, citing environmental impacts.Some San Diego County cities voted to ban the Styrofoam containers at restaurants as part of an effort to clean up the environment.Those in favor of the ban say it will help keep debris out of the ocean. Local restaurants, however, say they’re worried that banning the containers will force them to use more expensive products, an expense that some say would be passed along to customers.RELATED: City votes 3-2 in favor of Styrofoam container?ban Friday, some of San Diego’s small restaurant owners gathered outside San Diego City Council President Myrtle Cole’s office to drop off more than 50 letters voicing their opposition to the ban.Business owners argue that San Diego already allows residents to recycle foam food containers in curbside blue bins.RELATED: New California law limits single-use plastic straws in restaurantsThose against the measure also say the move would force restaurants to spend as much as 145 percent more on alternative containers.Earlier in 2018, the City of San Diego Rules Committee voted 3-2 in favor of a Styrofoam and single-use plastic reduction ordinance. RELATED: California law makes milk or water default kids' meal drinkMonday, Councilmember Chris Ward plans to meet with proponents of the ban. The meeting is scheduled for 1 p.m. at the City Administration Building. 1551

SAN DIEGO (KGTV) -- Emergency crews rescued a driver that was trapped in an SUV that rolled over on a Clairemont street early Tuesday morning.At around 2:30 a.m., San Diego firefighters and police were called to the 4000 block of Genesee Avenue in response to a crash involving a red SUV.A witness told ABC 10News the vehicle was speeding down the street when it struck a median and then rolled over several times, also hitting some parked vehicles.The witness said two passengers were able to get out of the wreckage, but the driver was pinned in the SUV.Responding crews took about 30 minutes to get the driver out with the Jaws of Life. The driver and one passenger were taken to the hospital, but the other passenger left the scene and is being sought by police. 774
SAN DIEGO (KGTV) — During a closed session meeting on Friday, the county Board of Supervisors voted to appeal a recent court's decision to allow strip clubs and restaurants to reopen amid California's regional stay-at-home order.While the board voted to appeal the ruling, Chairman Greg Cox said they have directed the county's legal counsel to only argue against the operation of strip clubs and allowing indoor dining despite California's coronavirus restrictions."The Board voted to appeal the order. But the Board directed County Counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining. We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there. Please continue to cover your face, wash your hands and avoid gatherings," Cox said in a statement.Lawyers from the state joined in the county's appeal, arguing the ruling overreaches, as no restaurants were parties in the suit.It's unclear when a ruling on the appeal could be given.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThis week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.San Diego Superior Court Judge Joel R. Wohlfeil ruled that the adult entertainment businesses and "San Diego County businesses with restaurant service" cannot get a cease-and-desist order."The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said Judge Wohlfeil.RELATED COVERAGE:Judge's ruling on strip clubs includes all San Diego County restaurantsSan Diego brewery among beer makers suing Gov. Newsom over tasting room proceduresThis prompted the county to halt enforcement against restaurants that didn't only offer takeout and delivery, as required under California's regional stay-at-home order. Many local restaurants reopened for some form of in-person dining after the ruling.Supervisor Nathan Fletcher said in a statement on Friday that he "vehemently" disagrees with the court's ruling."Given the massive rise in COVID-19 cases and hospitalizations, we must make difficult decisions to slow the spread of the virus. I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume and I support appealing the entirety of the recent court ruling. It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining," Fletcher said. California's regional stay-at-home order went into effect after the Southern California region, which includes San Diego County, saw its ICU capacity dip under 15%. Friday, the region's capacity sat at 0%. 3319
SAN DIEGO (KGTV) -- Despite record unemployment levels in California, the state's economy keeps turning, partly on the backs of the small businesses that have been able to stay afloat. However, six months into the COVID-19 pandemic we’re seeing how some businesses that were forced to shut down to prevent the spread of the virus won't reopen."We've had to pivot and shift, almost call audibles in the middle of what's going on to try to keep our businesses open," said Derrick Banks, owner of Freshly Faded Barber Shop.Banks has been in business for about seven years.He said beyond the haircut, there's something special about the conversations that take place while at the shop."If you see my barber cape, it says ‘Love thy homies’ on it," Banks said. "I feel like every person that gets in my chair becomes a friend eventually."Banks said back in March when businesses were initially forced to close, it's those close conversations and connections to the community that took the biggest toll. That and trying to keep up with an ever-changing series of rules and health and safety standards."We've had to pivot back and forth between cutting hair outside, cutting hair inside, having these safety precautions," he said. "One day we're allowed to be opened, and the next day we're not."While Banks has been able to stay in business, he has only to look down the street to see others who didn't make it."Just in a two-mile radius of this shop, there have been two barbershops that I know of that have permanently closed," he said.Banks said there's no playbook for how to get a business through a pandemic. He understands the importance of small businesses in the community and believes those running them need to do what's best for them."I'm not in a position where I can hope for anything," he said. "I have to have a clear plan, but I am optimistic."The EconomyYou can find empty storefronts in cities across California. But what does it mean for the state's economy?"California is suffering like the rest of the country," said Alan Gin, an economics professor at the University of San Diego. "We had a surge in terms of our unemployment rate. It's come down but still much higher than before the pandemic."Gin said the service and leisure industries have been the hardest hit.According to the California Employment Development Department (EDD), the state's unemployment rate improved to 11.4 percent in August as the state's employers added 101,900 jobs.In July, the state's unemployment rate was up at 13.5 percent.The state agency says Leisure and Hospitality posted the largest industry job loss in August (-14,600), and 561,900 of the sector's 633,000 year-over job losses have occurred since March 2020.Despite the record unemployment, Gin said California has lot of high-tech and business service jobs that can work remotely. It means many higher-paying industries didn't have to shut down.His worry is about the growing financial inequality."It was already bad in this country, but now it's likely to be even worse as a result of this," Gin said.Gin also noted that help from the federal government and unemployment benefits paid out by the EDD has also helped keep California's economy turning.EDD said it processed more than 13 million claims and distributed more than billion over the course of the pandemic.It's important to note last week, the EDD announced it's taking a two-week reset period. The goal, they explained, is to clear the massive backlog of unemployment claims that have been filed over the past six months. An EDD strike team found 600,000 California workers still haven't received the benefits they applied for.Reporter Adam Racusin asked Gin if California's economy can survive another six months of the current conditions."I think an important aspect is whether or not another stimulus package can be passed," Gin said. “I think some more relief is needed. The worry is that with the cutoff of unemployment that the people at the lower end, who are being kept afloat, are going to fall off a cliff." 4047
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