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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) — From the street, Point Loma's Blonde Voyage Salon looks like yet another establishment lost to the coronavirus economy. Its windows are completely covered by brown paper, and the door is shut.But on the other side of those coverings, it's very much business as usual."I have the right to at least fight for my business," said owner Meagan Crowell.Crowell said she could not stomach another closure. She said she only got a ,000 federal Paycheck Protection Program loan, and no other stimulus benefits to help get through."I have two kids," she said. "They are two and four years old and I'm not going to sit back and allow them not to eat."Crowell says she takes the virus very seriously - and that she dipped into her savings to make her salon COVID safe and keep the lights on. But those efforts are still not enough for the governor's new shutdown order, which says salons must close as ICU capacity continues to decrease.And other than two clients rescheduling, Crowell says she's completely booked."I want you to always love the person you see in the mirror, and I think mental health is a huge, huge issue," she said.Meanwhile, the county has served nearly 30 restaurants, bars, gyms and religious organizations with cease and desist orders since the shutdown took effect Monday. Crowell's salon is not one of them.Also on Friday, Bernardo Winery announced it would defy the order and reopen for socially distant on-site dining this weekend, saying in a statement it is basing the decision on its employees, who have suffered amid the shutdown.Under the order, restaurants are limited to takeout only, while bars, wineries and salons must close.Gyms and religious organizations can operator outdoors.Retail can stay open at 20 percent capacity. 1779

SAN DIEGO (KGTV) - Friends of the Marine hit and killed in the Midway area said Monday the driver who struck him and left is a coward.Victor Molinar, 18, of Chicago had just graduated from boot camp and was stationed at Camp Pendleton about to start combat training. Ricardo Camacho met him in basic training and got the terrible news over the weekend.“He was a good kid, always say making people laugh. He had a good head on his shoulders. From the start when I met him, I knew he’d be a good Marine," said Camacho.Molinar was out with his friends Saturday night visiting the local night spots on Midway Drive and somehow got separated from his friends. They went to look for him and found his body in the road.Police say the driver who hit Molinar fled the scene. No suspect has been identified.“He was willing to give up his life defending his country and do all the right things and for him to do that and not even stopping to see who it was? It just sucks," Camacho said.Camacho told 10News the Marines have a buddy system and doesn’t know why Molinar was by himself. Police are looking for the suspect, but have little to go on right now. Camacho, who is having a hard time coping with his loss, told 10News he knows one thing about the suspect. “He’s a coward. Bottom line. Karma plays a big part in things, and he’ll get his. If he ran then he won’t come forward they’ll just have to find him. If he didn't do it then. He won’t come forward. Just like cowards do, they run.”Molinar's sister said she is devastated by the loss of her brother. He also leaves behind a girlfriend in Chicago. 1606

SAN DIEGO (KGTV) — Hoover High School Friday celebrated the topping off of one of its newest additions to campus.The campus set the final beam of its new 500-seat theater into place, with students and staff signing the steel beam before a crane lifted it into place. The event marked the latest completion in the school's massive renovation project, which has already seen the return of the school's once iconic tower. The tower, which was topped off in January 2019, could once be seen from El Cajon Blvd., before it was taken down in 1976 due to seismic safety standards.Once the renovations are completed, Hoover High will have not only its Spanish-style tower back but also a new theater with theater support and instructional space, and a three-story building accommodating counselors, support staff, and students.The new classroom building will feature 20 classrooms to replace outdated modular classrooms elsewhere on campus.The project will also see a reconfiguration of the main parking lot, courtyard improvements, and a student drop-off area. 1062

SAN DIEGO (KGTV) - Gas service was restored for all customers in the Mission Valley area impacted by this week's massive gas leak. 138