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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) — Enjoy the cooler temperatures while they last. A heatwave is expected to settle into San Diego County starting about mid-week.Temperatures will be 12 to 20 degrees above average for mid-October starting around Wednesday, according to the National Weather Service. The hottest temperatures are expected between Wednesday and Friday, with some locations around the county likely to see record highs.On Wednesday, the NWS forecasts highs of 96 degrees in Escondido, 89 in Oceanside and Mira Mesa, 95 in El Cajon, and 86 in San Diego. 557

SAN DIEGO (KGTV) -- Electric scooters are everywhere, even showing up on the freeways and on the Coronado Bridge.It’s an offense CHP says they’re seeing too often. Someone taking up the slow lane on one of the scooters.California vehicle codes prohibit electric scooters on any road with a speed limit of more than 25 miles per hour.CHP officer Jim Bettencourt says he’s even seen them on the Coronado Bridge. A sign clearly states that pedestrians, bicycles and motor-driven cycles prohibited.As drivers go onto the bridge, not even an inch of space exists on the shoulder. In fact, the City of Coronado banned the dockless bikes and scooters in march.If left parked, they’ll be impounded. CHP says fines for riding a scooter or a bike on the freeway can be up to ,000. 780

SAN DIEGO (KGTV) — During a closed session meeting on Friday, the county Board of Supervisors voted to appeal a recent court's decision to allow strip clubs and restaurants to reopen amid California's regional stay-at-home order.While the board voted to appeal the ruling, Chairman Greg Cox said they have directed the county's legal counsel to only argue against the operation of strip clubs and allowing indoor dining despite California's coronavirus restrictions."The Board voted to appeal the order. But the Board directed County Counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining. We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there. Please continue to cover your face, wash your hands and avoid gatherings," Cox said in a statement.Lawyers from the state joined in the county's appeal, arguing the ruling overreaches, as no restaurants were parties in the suit.It's unclear when a ruling on the appeal could be given.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThis week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.San Diego Superior Court Judge Joel R. Wohlfeil ruled that the adult entertainment businesses and "San Diego County businesses with restaurant service" cannot get a cease-and-desist order."The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said Judge Wohlfeil.RELATED COVERAGE:Judge's ruling on strip clubs includes all San Diego County restaurantsSan Diego brewery among beer makers suing Gov. Newsom over tasting room proceduresThis prompted the county to halt enforcement against restaurants that didn't only offer takeout and delivery, as required under California's regional stay-at-home order. Many local restaurants reopened for some form of in-person dining after the ruling.Supervisor Nathan Fletcher said in a statement on Friday that he "vehemently" disagrees with the court's ruling."Given the massive rise in COVID-19 cases and hospitalizations, we must make difficult decisions to slow the spread of the virus. I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume and I support appealing the entirety of the recent court ruling. It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining," Fletcher said. California's regional stay-at-home order went into effect after the Southern California region, which includes San Diego County, saw its ICU capacity dip under 15%. Friday, the region's capacity sat at 0%. 3319

SAN DIEGO (KGTV) — For two nights in December, Balboa Park will be transformed into a winter wonderland of holiday festivities and entertainment.The 41st annual December Nights returns to Balboa Park on Dec. 7 from  3 p.m. to 11 p.m. and Dec. 8 from  12 p.m. to 11 p.m., bringing along massive light display, inspiration choir performances, bands and dancers, delicious foods from vendors and international cottages, and holiday-themed attractions for the whole family.Thousands are expected to flock to the area for the annual holiday celebration. So naturally, attendees will have to plan ahead for parking and transportation.TRANSPORTATIONA free shuttle service will be available on Friday and on Saturday to give attendees a lift to the festivities.Those planning to use any ridesharing services can hail a car on 6th Ave. and Laurel St.If using one of the many dockless bicycle or scooter options to get into the park, remember, they will not be allowed within the perimeter of the event. Users can park them on the east or west ends of the park.PARKINGThe only free parking lot will be at the San Diego Zoo, though it's bound to fill early and quickly. Free disabled parking is available at the Fleet Science Center and Federal lot on Presidents Way.Paid parking options range from - for lots at: 1347

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