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SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) -- From across the country to here in San Diego, there is no denying racial tensions between law enforcement and some communities. Locally, San Diego County has seen protests over officer-involved shootings and deaths of people in police custody. The 2016 shooting of Ugandan immigrant Alfred Olango sparked protests throughout El Cajon. Olango’s sister called 911 to report that her brother was displaying erratic behavior. Olango pulled something out of his pocket officers believed was a gun and, according to police, he assumed “what appeared to be a shooting stance.” Officer Richard Gonsalves fired his gun at least four times, killing Olango. Earlier this year, a jury in a separate civil suit found the officer acted reasonably.In National City, the death of Earl McNeil in 2018 sparked questions from his family and protests at city council meetings. McNeil, who had mental illness, went to the National City Police station seeking help, according to his family. Police said when he went to the station, he was making paranoid, threatening and irrational statements. Police say he told them he was in possession of a controlled substance. A statement from National City police said he was transported to County Jail for processing and exhibited signs of medical distress. According to his family, he suffered brain and nerve damage that led to his placement in a coma. He was pronounced dead June 11, 2018.Bishop Cornelius Bowser is a former gang member who grew up in San Diego. “I was up to no good every day,” he said. He turned his life around and is now a local activist, vocal about what he calls inequities in policing. That includes overpolicing, with more negative than positive interactions.“What I mean by being overpoliced is that the community is saturated with law enforcement. They’re looking specifically for specific people. When a black person, just by being black and young, that makes me a criminal. That makes me a threat,” Bowser said. He feels there is a lack of community policing, which is commonly defined as the use of partnerships and problem-solving techniques to proactively address concerns. “The culture has to be changed, the way [police] come into our community—they have to build those relationships. And they have to be here long enough,” Bowser said.The District Attorney's Office analyzed officer-involved shootings over the past 25 years. White officers make up more than 70 percent of those involved in these shootings. 2494

SAN DIEGO (KGTV) – For the first time, a San Diego man is sharing his horrifying story about being an alleged so-called blind mule for a drug cartel. Team 10 Investigative Reporter Jennifer Kastner discovered that there's people who cross into San Diego from Mexico who have no idea they're smuggling drugs. “I thought I was in a nightmare. I could not believe that this was happening to me,” says the man we interviewed who tells us he was the unsuspecting victim of a drug trafficking scheme by a cartel. We’ve agreed to not use his name or show his face. “My biggest fear is that if they were watching me then, they're probably watching me now,’ he told 10News.10News was in a San Diego courtroom this January when his case was formally dismissed. Prosecutors dismissed the case, after charging him months earlier with bringing marijuana through the Otay Mesa Port of Entry. There was no explanation for the dismissal, but the man we interviewed believes it was due to a lack of evidence. To this day, he maintains his innocence. “In my wildest dreams, I would have never thought that there were five huge packages of marijuana stuck to the undercarriage of my truck,” he says. He claims he was a blind mule, a person who unknowingly moved narcotics.“I think it is without a doubt true that there are instances every year where people are coming across, bringing drugs, and they do not realize they're doing it,” says Caleb Mason, a former Assistant U.S. Attorney in San Diego. He’s studied blind mules. They're not common, but they do exist. “Five percent is approximately the rate that we saw going across districts,” Mason said.Last October, a Mexican citizen who crosses the border into San Diego for work became an unsuspecting smuggler, after five pounds of drugs were found hidden under his fender.There’s also a famous case from 2011 in which an El Paso school teacher was released from a Mexican jail, after investigators discovered she was being used as a blind drug mule. She didn't know that almost ninety pounds of pot were hidden in her trunk when she crossed the border. The man we interviewed for this story says it was last summer when he was living in Tijuana and commuting daily to San Diego for work. After getting unfortunate news that he'd been let go at his job, he says he crossed back into Mexico to have lunch with his girlfriend and parked his truck in an open, unsecured lot. He then crossed back to go fishing, but at the Port of Entry, the K-9s alerted an officer to his truck. He adds, “The first thing that he said to me is, ‘Are you under duress? Has anybody forced you to drive this vehicle?’” He says he was placed in a holding cell and then taken to jail after officers removed packages with more than forty pounds of pot from under his truck that were stuck on with magnets.“Typically, those are attached by magnets just to the undercarriage of the vehicle. sometimes we see spare tires mounted in the car in or on the car,” says Sgt. Bill Kerr with the San Diego County Sheriff’s Department’s Border Crimes Suppression Team. “Your classic, true blind mule is typically a SENTRI pass holder, meaning they face less scrutiny when crossing the border,” he adds. SENTRI passes expedite the clearance process for low-risk, approved travelers in the United States. The man we interviewed did not have a SENTRI pass, but says he was easy to track and follow. “I believe that I was targeted because of my routine,” he said.The case financially drained him. He never got his truck back, and had to pay thousands of dollars in attorney's fees. “This completely turned my life upside down,” he explains. He’s hoping his story will raise awareness for travelers to always be mindful of their vehicles’ security. 3748

SAN DIEGO (KGTV) - Former Congressman Darrell Issa is standing behind a political ad that the San Diego chair of his own party has called highly inappropriate.The ad, running on local television, takes aim at Carl DeMaio, a key Issa opponent in the race to replace Duncan Hunter in California's 50th Congressional District. The campaign commercial presents itself as a retort to a recent DeMaio ad that questioned Issa's dedication to President Trump. Issa's ad turns that around. However, the attacks appear to get personal. The ad uses images of two news article headlines in The Hill and The Los Angeles Blade that describe DeMaio as "Gay." It also uses images of MS-13 gang members when talking about DeMaio's stance on a path to citizenship for illegal immigrants (DeMaio said in The Hill article that he supports a path for well-educated immigrants and those who came to the U.S. as children.)San Diego Republican Party Chair Tony Krvaric described the ad as highly inappropriate."We encourage all candidates to stick to the issues," he said. At a news conference Thursday, Issa defended the ad. 1110

SAN DIEGO (KGTV) -- Health experts in San Diego County said Wednesday flu season appears to be at its end, according to the County News Center. The news came after the county released the latest flu numbers. So far this season, 341 people have died from the flu including two new deaths reported over the last week.Those who died ranged in age from one to 101.The high number of deaths this season is a result of an unusually severe flu season, but was also due to better reporting and tracking, County Health and Human Services reported.“It appears that we’re at the end of this flu season,” said Wilma Wooten M.D., M.P.H., County public health officer. “However, people should continue to take precautions to avoid contracting the virus.”In total, more than 20,000 lab-confirmed flu cases were reported this flu season compared to just over 5,400 the previous year. 880

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