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SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - A San Diego woman and former contract employee with the state's Employment Development Department was charged with a dozen federal wire fraud and identity theft counts Thursday stemming from allegations that she conspired with her prison inmate boyfriend to steal hundred of thousands of dollars in pandemic unemployment aid.Nyika Gomez, 40, was employed by an EDD contractor as a call center agent assisting people in processing their unemployment insurance claims.According to the U.S. Attorney's Office, Gomez submitted false unemployment insurance claims using personal identifying information she acquired from inmates, with the help of her boyfriend, an unidentified inmate serving a 94-year-to life sentence for murder at California State Prison, Sacramento.Gomez's boyfriend also allegedly helped her buy stolen personal identifying information from out-of-state residents to submit additional false unemployment claims.The benefits were allegedly paid out in the form of debit cards, which were mailed to Gomez's residence or the home of someone working with her. She allegedly returned some of the proceeds to inmates by transferring money to their prison accounts.Gomez was arrested Wednesday at her home and made her initial court appearance Thursday afternoon.The case comes as state investigators are looking into allegations of hundreds of millions of dollars of fraud allegedly committed by inmates at state prisons and local jails."Pandemic unemployment insurance programs are a critical part of our safety net designed to support hardworking citizens who are suffering during this unprecedented time," said U.S. Attorney Robert Brewer."Fraud related to COVID-19 is particularly disturbing as it exploits a national crisis for personal gain." 1785

SAN DIEGO (CNS) - Ex-Poway Unified School District Superintendent John Collins pleaded guilty Wednesday to a misdemeanor financial disclosure charge and was immediately sentenced to five years probation in a plea deal in a case in which he was accused of misappropriating more than 5,000 in public funds.The Poway Unified School District and Collins also reached a settlement in a civil lawsuit related to the allegations, which is expected to be finalized Wednesday night. That settlement involves Collins paying the district 5,000 over a period of time, according to Judge Frederic Link."This is basically a win-win for a lot of people," Link said.Collins is required to abide by the terms of the civil settlement and follow the law as part of his probation, or face the risk of once again facing the criminal charges.After several days of testimony at a preliminary hearing -- a proceeding held to determine if there is enough evidence to proceed to trial -- Collins pleaded guilty to a misdemeanor charge relating to his failure to declare outside income to the Poway school board. Other charges connected to 1131

SAN DIEGO (CNS) - A pick-up truck drove through a highway center divider today near Alpine, overturned and caught fire, authorities said.The crash happened at 7:26 a.m. when a Ford truck lost its brakes going eastbound on Interstate 8, overturned on westbound I-8, landed on the right shoulder and became fully engulfed, the California Highway Patrol said.The wreck started a minor brush fire. All westbound lanes of I-8 were shut down from West Willows Road to East Willows Road until 8:23 a.m., where one westbound lane was reopened, the CHP said.It was not immediately known how many people were in the truck or whether there were any injuries. 655

SAN DIEGO (CNS) - Initial results are expected in the next few days on previously untested rape evidence kits that will help identify offenders who may potentially be linked to other sexual assaults, San Diego County District Attorney Summer Stephan announced Tuesday.Earlier this year, the District Attorney's Office, working with the San Diego County Sheriff's Department, contracted with a private lab, Bode Cellmark Forensics in Lorton, Virginia, to test about 1,000 untested sexual assault kits. So far, 350 rape kits have been sent to the lab for testing, Stephan said.The county's top prosecutor said reducing the backlog of untested sexual assault kits has been a top priority of hers since she took office last July. With the support of San Diego County's chief administrative officer, officials identified about million to go toward the effort of expedited 877