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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 ongoing efforts by the county and health systems to roll out the new COVID-19 vaccine, experts say communities of color find it challenging to trust the system.Roberto Alcantar with the Chicano Federation says tackling a mindset may be harder than tackling the virus."Historically, we have seen that in the black and brown community, there has been a general distrust of government," Alcantar said.New data from the Pew Research Center shows that only 42% of Black Americans say they would get a COVID-19 vaccine once it is available. In comparison, 61% percent of white, 63% of Hispanic, and 83% of Asian populations say they would get the vaccine. Not because they are anti-vaxxers. Instead, many attribute that number to the Tuskegee Syphilis Study."Horrific stories that we've heard about medical trials in the Black community back in the 1950s and 1960s in which they were things being done without their awareness," Alcantar said.It was a 40-year experiment that affected more than 600 black men who were told by the American government they were getting treatment for syphilis and other illnesses. When in reality, even after treatment was found, the men continued to get unrelated injections."So there's a lot of justification for that mistrust," Alcantar said.Locally, Latinos make up the most positive COVID numbers. But Alcantar says the level of confidence in a new vaccine is still low. He says whether it is lack of access, information, or trust, Latinos have historically sought out less care, and the pandemic has only highlighted medical inequities. That is why he believes it is important for community organizations to work with the government, not to force on the vaccine or sway people's opinions, but to build trust."There's a lot of work to do in regards to trust in government," Alcantar said. "But we're here to make sure that our communities are well-informed and have all the facts so that they can make the best decisions for themselves."The World Health Organization attributes "vaccine hesitancy" as one of the ten threats to global health. 2105

SAN DIEGO (KGTV) — Empty school busses belonging to the San Diego Unified School District are being driven around even though most students continue virtual learning.While this happens, San Diego Unified sits in Phase One of its reopening plan — meaning many students are still at home. Erin Coller's 5-year-old is in the school district. Right now he's learning from home but Coller says she seen busses in the neighborhood."Every time I see one of those busses I just think who is riding them - where could they possibly be going," says Coller. "It stopped at our house around the time that it used to come to our house and I was loading the kids in the car and I was like are you and angel can you just take them and drive them around please, what are you doing and he was just driving the route."At the end of October, Team 10 followed school busses on several days to see where they're going and what they're doing. After leaving the bus yard in Kearny Mesa, one bus headed north to the Scripps Ranch area. The bus made several stops like it was following a planned route, but no students ever got on or off. About 90 minutes and 31 miles later, the bus was back at the yard.Another bus left the yard later that same afternoon and headed to a school in the Poway area. It picked up one student and then headed south to drop them off.The next week, another bus bus went from the yard to Interstate 805 south. It continued on to State Route 54 east to then over to SR-125 north. The bus then completed the circle on SR-52 west. About 40 miles and 53 minutes later, the bus was back in the yard. It never stopped.Standing outside the school lot, bus movement is constant. SDUSD says for good reason."Just starting them up and running them in the parking lot for 10 minutes is not sufficient. They need to put on several miles to make sure that that transmission is maintained that fluids are at the right levels that seals and gaskets are all working also to make sure that our batteries are all charged," says Marceline Marques, SDUSD's operations support officer.Marques oversees the district's transportation."During a regular school year, you would see busses operating empty. I think it just stands out right now because most of our students are participating in online learning," Marques said.Part of that time on the road is driver proficiency. Right now, along with honing their skills, drivers are doing everything from delivering textbooks, to educational supplies, and computers to students' homes.They are evaluating stops for safety and space with social distancing requirements and evaluating school drop-off areas for physical distancing needs and adjustments among other things. The list of driver responsibilities goes on."If it's diesel it needs to be run or it can have problems but as far as delivering supplies I'm shocked to hear that they are doing that because we have multiple students at our school who can not come pick up supplies," one parent told Team 10.The district says it pays .83 per gallon for renewable diesel. Busses average about seven miles per gallon. So that first 30-mile trip we watched cost a little less than in gas. The bus that didn't stop, about .50 for that trip."I think that the practice of running our buses far outweighs the cost of the fuel or the concern that folks have when they see it running without a passenger," Marques said.Right now, about 150 busses are transporting students. Others are being used to help in other ways and some like we saw are rotating through that maintenance schedule. The district says overall, it needs to be ready for the next phases in reopening. 3654

SAN DIEGO (KGTV) - Families across the San Diego region are continuing to battle record high home prices and rents.But there are now several plans in the works to boost supply - and hopefully bring prices down."There's no magic bullet, no magic wand," said Rick Gentry, who heads the San Diego Housing Commission. "I don't see there's one solution. There are a host of solutions that we can bring to bear that over time will reduce the problem."Jimmy Ayala, who heads Pardee Homes of San Diego, says the biggest change that could lower prices is reducing the time it takes to get permits. He says builders can work impact fees into their budgets, but over-regulation and delays from community opposition adds costs to projects that cause some developers to shy away.FULL COVERAGE: Making It in San Diego"If you start on this day and perhaps you end on a more certain date, then more people would enter the industry, more people would enter the market, we'd eventually get more homes," Ayala said, noting that Pardee's 415-home master plan community in Santee called Weston took 10 years for approvals.Local and state governments appear to be on board. The city of San Diego is now offering density bonuses and streamlined review for some projects. It also is encouraging builders add more, smaller units in the same building, with less parking requirements. The county is exploring other options to reduce hurdles to development.That, however, is adding to some San Diego neighborhood group concerns about overdevelopment."My group and my associates just want to see it remain a nice place to live," said Tom Mullaney, who heads Uptown United. "We think we can do that with lots of new development and lots of new housing, but we can't do it if our city government is going to throw out the rule book."Additionally, the San Diego Housing Commission is now able to help finance apartment projects with units for middle income earners, according to a new state law."The challenge for us is how do we develop lower than market rate product for this new customer base without taking away from the customer base that we've traditionally served," Gentry said, noting turnover has dropped drastically at its 3,400 affordable apartments in San Diego.Mark Goldman, a real estate lecturer at San Diego State University, said it would take decades to really balance out supply and demand. But he said any assurances could ease risk for developers who may not want to get involved."You don't know when you're going to get that potential profit dollar," he said. "So yes, time is money." 2622

SAN DIEGO (KGTV) — Eighty-five people linked to the Sinaloa Cartel were charged Thursday for their roles in a massive East County drug trafficking network.Eight indictments were unsealed in a San Diego federal court charging the alleged members with federal drug trafficking, money laundering, and firearms offenses, according to the Office of the United States Attorney Southern District of California.Investigators executed more than a dozen search warrants Thursday in a coordinated takedown of locations around the East County. Investigators discovered at least four pounds of methamphetamine and two firearms.The networks reportedly supplied a variety of controlled substances — like meth, heroin, and fentanyl — to distributors around Southern California, and then laundered tens of thousands of dollars in narcotics proceeds back to Sinaloa Cartel traffickers in Mexico.As of 1 p.m., 47 of the 85 charged were in federal or state custody. Some of the charges carry potential 20-year sentences and millions in fines.“Today we sent a message to drug traffickers in our community. If you sell drugs in San Diego, we will find you and prosecute you to the full extent of the law,” said U.S. Attorney Robert Brewer.Authorities used surveillance, wire taps on phones, and undercover agents to obtain evidence and track encrypted communication by members through services like WhatsApp and Signal.Through wiretaps, investigators seized about 175 pounds of methamphetamine, heroin, and fentanyl; about ,000 in cash, multiple firearms; and a 2020 Cadillac Escalade valued at 5,000.Defendants will start to be arraigned Friday. 1638

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