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SAN DIEGO (KGTV) — For the second time in as many weeks, several train cars derailed near the downtown San Diego area.The BNSF Railway Company says 19 cars derailed at about 9:40 p.m. Friday while traveling at slow speeds. The train cars were carrying automobiles.The backup continued into Saturday morning. Cars were at a standstill for about a mile along Harbor Dr. from the Barrio Logan area into downtown San Diego.No injuries were reported and the cause is under investigation.RELATED:Amtrak requires reservations for holiday travel in Southern CaliforniaTrain hits car on tracks in National CityCalifornia transit worker rescues man from oncoming trainShipyard workers were forced to walk around the massive backup in order to get to work Saturday. Each car has to be physically lifted back onto the tracks before the train can move.The derailment comes a week after four BNSF train cars derailed and struck a pillar supporting an overpass bridge on Harbor Dr. BNSF says the causes of both derailments are under investigation.BNSF is one of the largest freight railroad network in the country, according to the company's website, with about 32,500 miles of track in 28 states. 1190

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) -- From termite infestations to leaky pipes and AC units, some students at San Diego State University say their on-campus housing complex is “abysmal” even though it costs hundreds of dollars more per month than newer apartments just steps away.Shortly after moving into Aztec Corner, sophomores Hanna Bengard and Kalie Slivkoff said they had issues with electricity, a leaky A/C unit and spiders. A few weeks ago, they found termites in a roommate’s bed.They each pay ,285 a month for a four-person apartment in the on-campus housing complex, even though there’s another complex less than 20 yards away that charges 5 a month.RELATED: Thousands of students move into campus housing ahead of Fall 2019 semesterThe students say they have no other options because a new SDSU policy requires all non-local sophomores to live in on-campus housing.“It’s really frustrating,” said Bengard.Slivkoff added, “I get their point. Better GPAs, closer to campus. I get that kind of stuff, but raising the prices by nearly half, I just don’t agree with that.”SDSU took over the complex this semester with a master lease. Last year, rents were 4, according to the Daily Aztec.RELATED: Residents against SDSU 'mega-dorm' in their community“They’re forcing people to live in these apartments and that’s given them the ability to drastically upcharge the price,” said another resident, Connor Dreher.A Change.org petition demanding refunds had more than 560 signatures as of Friday afternoon.“The rent rate is a reflection of the property manager's market rate, plus SDSU’s residential education cost, which is embedded within the rent rate,” said SDSU spokeswoman La Monica Everett-Haynes. “Prior to the master lease agreement, rent was paid in 12 monthly payments. Today, SDSU’s rent on a license agreement are on a 10 installment payment agreement to accommodate student financial aid scheduling.”Everett-Haynes said the university does not own the property or directly respond to maintenance requests, but SDSU does track the requests to ensure they’re handled promptly.RELATED: SDSU Christian sorority sisters speak out over plans to demolish their house“The offices of Housing Administration and Residential Education has been actively working with residents to ensure that issues are being properly reported so that they may be addressed,” she said in a statement.As of noon Friday, there were only two outstanding service requests in the 602-bed complex, she said.Students acknowledged most service requests are handled promptly. But they said the problems just don’t seem to stop.“We’re all just fed up,” Dreher said. 2641

SAN DIEGO (KGTV) -- Despite record unemployment levels in California, the state's economy keeps turning, partly on the backs of the small businesses that have been able to stay afloat. However, six months into the COVID-19 pandemic we’re seeing how some businesses that were forced to shut down to prevent the spread of the virus won't reopen."We've had to pivot and shift, almost call audibles in the middle of what's going on to try to keep our businesses open," said Derrick Banks, owner of Freshly Faded Barber Shop.Banks has been in business for about seven years.He said beyond the haircut, there's something special about the conversations that take place while at the shop."If you see my barber cape, it says ‘Love thy homies’ on it," Banks said. "I feel like every person that gets in my chair becomes a friend eventually."Banks said back in March when businesses were initially forced to close, it's those close conversations and connections to the community that took the biggest toll. That and trying to keep up with an ever-changing series of rules and health and safety standards."We've had to pivot back and forth between cutting hair outside, cutting hair inside, having these safety precautions," he said. "One day we're allowed to be opened, and the next day we're not."While Banks has been able to stay in business, he has only to look down the street to see others who didn't make it."Just in a two-mile radius of this shop, there have been two barbershops that I know of that have permanently closed," he said.Banks said there's no playbook for how to get a business through a pandemic. He understands the importance of small businesses in the community and believes those running them need to do what's best for them."I'm not in a position where I can hope for anything," he said. "I have to have a clear plan, but I am optimistic."The EconomyYou can find empty storefronts in cities across California. But what does it mean for the state's economy?"California is suffering like the rest of the country," said Alan Gin, an economics professor at the University of San Diego. "We had a surge in terms of our unemployment rate. It's come down but still much higher than before the pandemic."Gin said the service and leisure industries have been the hardest hit.According to the California Employment Development Department (EDD), the state's unemployment rate improved to 11.4 percent in August as the state's employers added 101,900 jobs.In July, the state's unemployment rate was up at 13.5 percent.The state agency says Leisure and Hospitality posted the largest industry job loss in August (-14,600), and 561,900 of the sector's 633,000 year-over job losses have occurred since March 2020.Despite the record unemployment, Gin said California has lot of high-tech and business service jobs that can work remotely. It means many higher-paying industries didn't have to shut down.His worry is about the growing financial inequality."It was already bad in this country, but now it's likely to be even worse as a result of this," Gin said.Gin also noted that help from the federal government and unemployment benefits paid out by the EDD has also helped keep California's economy turning.EDD said it processed more than 13 million claims and distributed more than billion over the course of the pandemic.It's important to note last week, the EDD announced it's taking a two-week reset period. The goal, they explained, is to clear the massive backlog of unemployment claims that have been filed over the past six months. An EDD strike team found 600,000 California workers still haven't received the benefits they applied for.Reporter Adam Racusin asked Gin if California's economy can survive another six months of the current conditions."I think an important aspect is whether or not another stimulus package can be passed," Gin said. “I think some more relief is needed. The worry is that with the cutoff of unemployment that the people at the lower end, who are being kept afloat, are going to fall off a cliff." 4047

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

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