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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) — Friday marks National Margarita Day across the country and where better to celebrate than in San Diego.San Diego is already known for its excellent Mexican cuisine, so why not couple your dish with a delicious margarita? A number of spots around town can serve as the perfect stop for a margarita to celebrate.Here's where to raise a glass in San Diego:Casa Guadalajara - 4105 Taylor St, San DiegoIf you're looking for the whole experience, dive into Casa Guadalajara. This restaurant boasts a colorfully decorated patio coupled with mariachi music, food and, of course, margaritas. El Agave Tequileria - 2304 San Diego Ave B, San DiegoBottles line the wall of this Tequileria that boasts an extensive tequila collection. Barrio Star - 2706 5th Ave., San DiegoWhy enjoy one margarita when you can get a taste of several? Barrio Star offers margarita flights in addition to a delicious roasted jalapeno blackberry version and weekly special marg.El Prez - 4190 Mission Blvd, San DiegoIf you're looking for something a little more exciting, El Prez is located in Pacific Beach and offers lots of food as well as a nice view from the rooftop patio. Old Town Tequila Factory - 2467 Juan St, San DiegoThe Tequila Factory offers an eatery with rooftop views along with, you guessed it, tequila. The restaurant even has some special edition tequila. Casa De Bandini - 1901 Calle Barcelona, CarlsbadHead to the Carlsbad/Encinitas area for some of Casa de Bandini's fruity "famous" margaritas, featuring flavors like peach, banana, cincorita, midori, and more paired with a variety of tequilas. Baja Betty's - 1421 University Ave., San DiegoHillcrest's Baja Betty's offers several different takes on the margarita, including an "iced latte," Red Bull, and ones with a collectible rubber duck included.Cantina Mayahuel - 2934 Adams Ave, San DiegoIf you're looking for more than just a great margarita, Cantina Mayaheul also has some great fish tacos in a low-key environment with a wood bar backdrop. The Blind Burro - 639 J St, San DiegoThis stylish Mexican eatery and bar is decorated in wood and serves Baja-style cuisine and has lots of cocktails to choose from.La Puerta - 560 Fourth Ave, San DiegoLa Puerta offers signature tequila alongside family recipes. If you're looking for some excitement, La Puerta also hosts DJs after dark.Puesto - 789 West Harbor Dr., San Diego; 1026 Wall St., La JollaLa Jolla and San Diego's Puesto takes fruity and spicy twists on the margarita, churning out and avocado marg, spicy variation with jalapeno, and pineapple/watermelon creations.Ponce's Mexican Restaurant - 4050 Adams Ave., San DiegoA dozen varieties of margaritas await at Ponce's, including blending together spices, sweet and sour flavors, and tequila or mezcal in delicious ways. 2802

SAN DIEGO (KGTV) — From in-person instruction to distance learning, and now hybrid classes in some cases, most school districts have been through a lot during this pandemic.Many parents have decided to turn to charter schools, which have excelled in distance learning for years.A spokesperson for the California Charter Schools Association said they’ve heard from non-classroom based charters in San Diego County that are seeing substantial enrollment requests this academic year.Some of the charter schools have taken on many new students, while others had to stop enrollment due to the lack of state funding.“In the beginning, a lot of big districts were not providing any resources, the kids were just off,” said Kathleen Hermsmeyer, the superintended of Springs Charter Schools.Springs Charter Schools has locations across Southern California, including in Vista and Chula Vista in San Diego County.“We’ve been in business doing this type of distance learning education for 20 years, so for us, this was not a big transition,” she said in regards to education during the pandemic.“We already had all of our technology, our learning management system, our systems down for distance learning, so it wasn’t a big transition.”Hermsmeyer said the students new missed a day of class during the pandemic, and early on, Springs Charter Schools enrolled an additional 130 students in San Diego before they knew they wouldn’t be receiving extra state funding.“The school year starts for us July 1, we didn’t find out until June 28 that we were not going to get funded for those students,” she explained. “They did say we can disenroll the kids, but we’re not going to do that, that’s not kind, that’s not a service to the community.”Right now, she said about 7,000 students remain on the Springs Charter Schools waitlist across California, with nearly 1,000 in San Diego County. Hermsmeyer said that’s about four times more than last school year.“We can’t accept the students because there has been a cap on growth for non-classroom based charters like ours,” she said.“Parents were clamoring to get into our schools, and we couldn’t enroll them, so we wanted to provide something because parents were crying on the phone, it was a really hard crazy time, and parents wanted to keep their children moving academically.”Springs Valley Schools then launched “Open Classroom,” an online website providing free lessons for students K through 12 at home.“We had thousands of people all across the whole world using our free classroom,” she said.Springs Charter Schools received an award from the National Alliance of Public Charter Schools for going above and beyond during the pandemic.Hermsmeyer said Springs Charter Schools, along with a few other charters, are in a legal battle with the state over the lack of funding to enroll new students.Springs Charter Schools expects to start bringing back some students for in-person learning by the end of the month, with a full distance learning option still available.The California Department of Education is tracking statewide enrollment numbers for charter schools and traditional schools and will release the numbers for the 2020-21 academic year in March. 3205

SAN DIEGO (KGTV) - Frank Zamarron, 26, credits his Apple Watch for saving his life.“No warning signs, no pain no nothing,” Zamarron.  “All to know is that my Apple Watch started going off.”It was a Monday night in March, and his watch was alerting him something was wrong.“My heart-rate is elevated, and I'm just sitting at home watching TV relaxing from a long day at work,” he said. “After the fourth alert, I was like okay, something is not right. Time for me to a go to the hospital.”It was a decision that saved his life. It turns out, Zamarron contracted cellulitis, a skin infection, on his right leg. Soon after doctors started treating him, his leg began to blister.“Apparently your body is reacting to the infection trying to fight it off, doing everything it can, raising your heart rate,” Zamarron said. “They said it could have been fatal in a certain situation. Depending on how I treated it. Typically you would take pain pills or something and call it a day.”Zamarron spent seven days in the hospital.Doctors told him his weight might have contributed to the infection. Zamarron is now focused on staying active and getting healthier. 1223

SAN DIEGO (KGTV) - Former Congressman Darrell Issa is standing behind a political ad that the San Diego chair of his own party has called highly inappropriate.The ad, running on local television, takes aim at Carl DeMaio, a key Issa opponent in the race to replace Duncan Hunter in California's 50th Congressional District. The campaign commercial presents itself as a retort to a recent DeMaio ad that questioned Issa's dedication to President Trump. Issa's ad turns that around. However, the attacks appear to get personal. The ad uses images of two news article headlines in The Hill and The Los Angeles Blade that describe DeMaio as "Gay." It also uses images of MS-13 gang members when talking about DeMaio's stance on a path to citizenship for illegal immigrants (DeMaio said in The Hill article that he supports a path for well-educated immigrants and those who came to the U.S. as children.)San Diego Republican Party Chair Tony Krvaric described the ad as highly inappropriate."We encourage all candidates to stick to the issues," he said. At a news conference Thursday, Issa defended the ad. 1110

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