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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) -- Fernando Tatis Jr.’s strong start to the 2020 MLB season has earned him an award for National League Player of the Week.The San Diego Padres’ young shortstop garnered his first career NL POTW award, and he is the first Padre to earn the award since Manuel Margot in July 2017.Tatis Jr. is the first Padres infielder to earn Player of the Week honors since Chase Headley in August 2011.Over the last six games, Tatis Jr. has slugged six homers, drove in nine runs, scored seven runs, and is batting .435.Tatis Jr. leads the Padres with eight home runs; his 8 HRs are tied with New York Yankees slugger Aaron Judge for most in the majors entering Aug. 10 play.On Aug. 8, Tatis hit two home runs against the Arizona Diamondbacks.In addition to the POTW award, the 21-year-old is the subject of an in-depth ESPN profile titled "Bringing joy back to baseball." 883

SAN DIEGO (KGTV) - Fernanda Whitworth watched her husband Ralph battle cancer for years."He couldn't swallow, he couldn't talk or basically eat. So he lost 45 pounds, it's literally barbaric."Ralph Whitworth was diagnosed with HPV-related tongue cancer in 2013. It eventually claimed his life in 2016.Before Ralph died, the Whitworths began a quest to find a cure. It's a mission Fernanda has carried on."I feel like we are so close; we're on the tipping point of finding a cure," she explained. The nonprofit they founded in San Diego, The Immunotherapy Foundation, is dedicated to funding the most promising research on HPV-driven cancers."This is a huge problem. Not only does HPV account for six different cancer types, almost 100 percent of cervical cancers and in men, now those instances are rising for head and neck cancer, " said Dr. Ezra Cohen, who is the Associate Director for Translational Science at UC San Diego Moores Cancer Center. The Centers for Disease Control estimate that about 14 million people get a new HPV infection every year in the U.S. Nearly all men and women who have ever had sex get at least one type of genital HPV at some time in their lives. The Immunotherapy Foundation has focused its efforts on three categories:  1321

SAN DIEGO (KGTV) — Head outside and enjoy the San Diego sunshine inland or by the water.Encinitas Cruise Nights once again brings beautiful classic cars to town, with a night on Coast Highway 101 with exotic and classic autos. Or, head to La Jolla Playhouse to take in the new show from famed screen and stage actor John Leguizamo, "Kiss My Aztec."Or enjoy a movie in the park this weekend, as Summer Movies in the Park screens "Coco." Clash on Clairemont brings together a star-studded list of action sports stars and bands for a day of performances, live music, and more for families.MORE: Don't see anything you like? Check out our event calendar for even more local eventsGrab a brew during the San Diego Festival of Beers at Broadway Pier or take in the island vibes during the Pacific Islander Festival in Mission Bay.Adams Avenue also celebrates the weekend with a massive street fair featuring more than 100 acts over two days. San Diego Restaurant Week also kicks off Sunday!Here's a look at this weekend's fun:THURSDAY"Kiss My Aztec" at La Jolla PlayhouseWhere: La Jolla Playhouse; Cost: - Famed stage and screen actor John Leguizamo returns to the La Jolla Playhouse with his new show, "Kiss My Aztec," the story of a group of Aztec rebels as they fight against Spanish colonization in the 16th century.The new show runs through Oct. 13.Encinitas Cruise NightsWhere: S. Coast Highway 101; Cost: FreeThe streets of Encinitas will be filled with classic cars, hots rods, and exotic autos for Cruise Nights. The free events invites the public to come check out amazing automobiles and enjoy the restaurants and shops along Highway 101.FRIDAYMovies in the Park: CocoWhere: Pantoja Park, San Diego; Cost: FreeThis week's Summer Movies in the Park screens "Coco" at Pantoja Park. Head to the park with a picnic basket and enjoy pre-movie activities and games before enjoy Miguel's journey in the Land of the Dead to find his great-great-grandfather, a legendary singer.Florida Georgia Line in Chula VistaWhere: North Island Credit Union Amphitheatre; Cost: Starting at County music stars Florida Georgia Line heads to Chula Vista, as they bring their "Cant Say I Ain't Country Tour" to town with acts Dan + Shay, Morgan Wallen, and Canaan Smith.SATURDAYClash at ClairemontWhere: Mission Valley YMCA; Cost: A star-studded roster of athletes, bands, and food head to the Mission Valley YMCA for Clash at Clairemont, an effort between pro skateboarder Andy MacDonald the YMCA. The family fun event highlights several amazing action sports performers alongside live bands, a vendor village, and more. 25th annual San Diego Festival of BeersWhere: Broadway Pier; Cost: - Enjoy more than 50 breweries with 120 varieties of craft beer at the Broadway Pier during the 25th San Diego Festival of Beers. Live music, fun games, and delicious food trucks will be on hand as guests drink in the sun and exclusive San Diego craft beers. The event benefits San Diego Professionals Against Cancer.25th annual Pacific Islander FestivalWhere: Ski Beach, Mission Bay; Cost: FreeHead down to Mission Bay for the free Pacific Islander Festival, showcasing the cultures and customs of Melanesia, Micronesia and Polynesia with live entertainment, delicious traditional foods, music and crafts.SUNDAYOceanside Harbor DaysWhere: Oceanside Harbor; Cost: Free(Saturday - Sunday) Oceanside packs two days with fun on the harbor, featuring a costume party for kids, massive tiki swim, a Pirate Village, arts and crafts, food and a beer garden, live music, and more for Oceanside Harbor Days.Adams Avenue Street Fair Where: Adams Avenue; Cost: Free(Saturday - Sunday) Adams Avenue comes alive with more than 100 acts across seven stages this weekend, a giant carnival, festival foods, and more than 300 exhibitors coming to the neighborhood.San Diego Restaurant WeekWhere: Various locations; Cost: VariesMore than 180 different restaurants will feature special prix fixe menus from Sept. 22 - 29 during San Diego Restaurant Week. Restaurants will offer lunch and dinner options covering tastes from some of their most popular dishes. 4136

SAN DIEGO (KGTV) -- Flu-related deaths rose to 11 in San Diego County over the last week, according to the County Health and Human Services Agency. The agency reports that the latest flu death was a 51-year-old woman from North County who died on December 31. She had underlying medical conditions, health officials confirm. To date, 11 people have died locally from the flu this season – the same number as this time last year. The number of lab confirmed cases also jumped last week to over 1,600, 260 more than the previous week. “Given the high number of cases, influenza activity in the region continues to be widespread, just like it is in other parts of the nation,” said Wilma Wooten, M.D., M.P.H., County public health officer. “The best protection against the flu is getting vaccinated. This year’s flu vaccine matches the viruses circulating this season.”So far this season, there have been more than 5,400 lab-confirmed cases of the flu. Last season, there were a little over 2,130. 1003