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SAN DIEGO (KGTV) - Some in the legal community are raising concerns that in-person federal court cases are putting attorneys and their clients in unnecessary danger.A letter sent by the Federal Defenders of San Diego Executive Director Kathryn Nester to United States Senator Kamala Harris says since raising concerns back in March about COVID-19's impact on federal detainees and criminal cases, the risk to their clients and staff has increased.According to the letter, "The increased danger stems from escalating prosecutions and the reopening of in-person court proceedings in our district, despite escalating COVID-19 infections in local jails and communities. These prosecutions are occurring on an uneven playing field, as the pandemic is undermining our clients' constitutional rights to a speedy trial and to confidential communication with their lawyers."Nester claims the United States Attorney's Office has substantially increased new prosecutions over the past several weeks.In the letter she states, "The USAO is increasing prosecutions while simultaneously winding down its practice – instituted at the beginning of the pandemic – of issuing Notices to Appear instead of arresting and detaining many defendants. The result is a growing jail population, which increases the risk of COVID-19 transmission."Nester also cites concerns about the condition of local jails and what's described as lack of testing, reporting, and transparency at these facilities.She adds that the increasing prosecutions are against clients with reduced constitutional safeguards."Requiring detainees to quarantine for 14 days after each court appearance effectively precludes trials, because defendants cannot be brought to court on consecutive days. So the government will bring clients to court to plead guilty, but not to exercise their constitutional right to a speedy trial," Nester stated.The U.S. Attorney's Office said it has dramatically reduced the number of new criminal cases in response to the COVID-19 pandemic."The Southern District of California stakeholders – the District Court, the U.S. Attorney's Office, the defense bar, the U.S. Marshals Service, U.S. Pretrial Services, U.S. Probation and the Bureau of Prisons – have worked collaboratively over the past several months to adjust and deal with this unprecedented crisis," said U.S. Attorney Robert Brewer. "Ms. Nester's letter is an unfortunate and sad departure from that collaboration given that she omits key facts and presents an inaccurate, biased and incomplete picture of what's occurring in this district."In a written response to the Federal Defenders of San Diego, the United States Attorney wrote, "The assertion that the U.S. Attorney's Office has ‘reversed course’ and has ‘dramatically increased new prosecutions’ in July 2020 is incorrect. More fundamentally, however, the attempt to rely on a snapshot of new complaints over a very short period of time fails to convey the unprecedented efforts the U.S. Attorney's Office has taken in response to the pandemic over the past several months and our attempts to involve Federal Defenders in those efforts wherever possible. "Fears of in-person safety have been brought up by more than just Federal Defenders.Team 10's Adam Racusin spoke with several San Diego area attorneys who say they do not feel safe handling cases in-person.Team 10 also confirmed a COVID-19 positive federal detainee recently appeared before a federal judge.In response to federal courthouse safety concerns, Chief U.S. District Judge Larry Burns tells 10News, since the beginning of the COVID 19 epidemic, the court has taken every recommended precaution to protect the health and safety of visitors to courthouses, of counsel and their clients, and of court staff.Burns explained in an email that any attorney can request an exemption from appearing personally, and to instead appear by video conference or telephone.“Very few attorneys have submitted requests; all submitted requests have been granted. You may also be unaware that in federal grand juries resumed convening in May. I am informed that as many as four different grand juries are currently hearing cases on a weekly basis,” Judge Burns wrote.He also explained that the inmate who tested positive was checked by the U.S. Marshals before being brought into court, did not have an elevated temperature, and did not otherwise exhibit any symptoms of infection.“He was maintained seated by himself at a distance of at least 15 feet from other people in the court except for the Marshals guarding him. After the inmate was sentenced, we were informed that he had tested positive for the virus. Upon learning that information, our Court followed the recommended CDC guidelines for notifying all those who were present in the courtroom. It has now been several days since the incident and I am informed that no other person who was present and who was notified of the risk has experienced infection symptoms or has tested positive for COVID 19.”A spokesperson for Sen. Harris tells 10News their office did receive the letter.In a statement to 10News, Sen. Harris wrote, "The severe conditions that our incarcerated population have been facing during this pandemic are shocking, unacceptable, and must be addressed immediately. Since March, I have been calling on the Justice Department to maximize releases during the pandemic and guard against potential exposure to coronavirus. That work is as urgent today as it was several months ago. I continue to call on the Justice Department to address this matter immediately and re-evaluate how it is enforcing the law and detaining individuals." 5658
SAN DIEGO (KGTV) — San Diego's shifting real-estate market could mean new opportunities for entry-level home buyers.A new study from realestate.com says the rate of appreciation for homes at the lower third of the price range are appreciating at 2.2 percent annually. That's a large drop off from the 10.4 percent price growth those homes saw from 2017 to 2018. “Those homes, priced in the bottom third of the market, have been appreciating the fastest and have seen the least inventory in recent years and price cuts are becoming more common as the balance between buyers and sellers is trending toward evening out," said Skylar Olsen, director of economic research for Zillow Group, which owns realestate.com "That’s not a huge surprise, as annual home-value appreciation has been well above historic norms for some time, and was due to slow back toward normal.”The typical entry level home in San Diego County is now worth 4,500. That's still a hefty price for San Diego renters who are paying an average of about ,000 a month and struggling to save for a down payment. Still, down payment assistance programs are available through the County and San Diego Housing Commission. Additionally, potential buyers can qualify for an F.H.A. loan with as little as 3.5 percent down. And Veterans can buy homes with nothing down through a V.A. loan. Carlos Espinoza and his wife Esther are buying a two-bedroom condo in Rancho Penasquitos for 9,000, the full asking price. They put 12 percent down, which they accumulated by increasing contributions to Carlos's 401(K), then borrowing from that fund. "Save as much as you can, even though sometimes you may feel like it's not enough," Carlos said. "The American Dream is alive again."Rich Kushner, a realtor with Burke Real Estate Consultants, said the most important thing an entry level buyer can do is get pre-approved for a loan. That will cause a seller to take an offer more seriously."Everything's negotiable when you write a contract, but you're going to have a stronger offer if you have a pre-approval letter," Kushner said. Realestate.com says inventory of entry level homes is up 21 percent annually in San Diego. Still, challenges remain. Both Zillow and Bankrate listed San Diego as one of the nation's most challenging housing markets for first-time buyers. 2333
SAN DIEGO (KGTV) - Secretary of Homeland Security Kirstjen Nielsen visited San Diego Monday, making her first local stop since joining President Trump's cabinet in December.Nielsen arrived in San Diego after a long flight from South Korea, where she helped represent the United States at the Paralympics. The trip also coincides with President Trump's arrival in San Diego Tuesday.Nielsen spent most of her day with the Coast Guard. She took a helicopter ride for an aerial tour of the border wall prototype site, then gave a speech to the Coast Guardsman."True border security involves a wall system, which, of course, include the physical infrastructure, but also mission-ready agents," Nielsen said in her speech as she touched on the controversial issue of immigration.Nielsen then boarded a Coast Guard response ship to watch a tactical demonstration put on by the Coast Guard's elite Maritime Security Response Team.She will remain in San Diego to join President Trump for his ground tour of the border wall prototypes Tuesday. 1046
SAN DIEGO (KGTV) — San Diego's Board of Supervisors Wednesday approved a new initiative to encourage homeowners in the county's unincorporated areas to develop "granny flats" to help ease the region's housing shortage.The initiative will waive county permit and development impact fees over the next five years for property owners who want to build granny flats or other small dwellings on lots with existing homes. The hope is those units will then be used for family members or rented out as a source of income for property owners.The waivers apply to property owners in the county's unincorporated areas, including Alpine, Julian, Fallbrook, Lakeside, and Valley Center, as part of the county's General Plan.MAKING IT IN SAN DIEGO: Family chooses 'granny flat' option with San Diego's lower fees“This is a critical step in our on-going efforts to address the region’s housing crisis, especially the serious need for affordable housing,” Dianne Jacob, the board chairwoman, said in a release. “This new program is the quickest and easiest way for us to expedite the development of housing.”To cover the cost of the fee waivers, the county will pump million into the program over the five-year period.“There is no single solution to the regional housing shortage, but an average savings of ,000 for an accessory home will raise property values and offer more affordable places to live,” Supervisor Jim Desmond said in a release. “We will continue to be creative and challenge the status quo to solve the region’s housing crisis.” 1545
SAN DIEGO (KGTV) — San Diego's District Attorney's Office Wednesday says the officer who fatally shot a man who had attacked another person with a machete in Southcrest acted in self defense.After review the case and officer's actions, DA Summer Stephen's office says Officer Corey Pitts, who fired upon Vaughn Denham on Aug. 8, 2018, is not criminally liable for the shooting.Denham, 48, has reportedly attacked another person with a machete during an argument over a dog chain. After Pitts responded, Denham ran up to his patrol car and swung a four-foot metal chain at the vehicle, the DA's office says.RELATED:Police investigating fatal officer-involved shooting in SouthcrestNeighbors say deadly shooting in Southcrest started because of a machete attackSDPD officer named in shooting of man suspected of Southcrest attackStephen's office says Pitts ordered Denham to drop the chain and Denham refused while continuing to walk toward the officer, swinging the chain. Pitts used a Taser but it didn't stop Denham, forcing Pitts to retreat for a block and a half while he continued to order Denham to drop the chain and get on the ground.The DA's office added Pitts warned Denham he would shoot if he continued to refuse. Pitts eventually fired two rounds, striking Denham.Denham later died at the hospital. The Stephen's office says a toxicology report showed phencyclidine (PCP), cannabinoids, and methamphetamine in his system."Based on these circumstances, Pitts fired at Denham in his own defense," the office's review states. "He therefore bears no state criminal liability for his actions."In addition to clearing Pitts of any criminal wrongdoing, the DA's office released nearly two minutes of body camera footage from the incident. 1751