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SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) - Environmental groups are increasing pressure on members of Congress to support the Green New Deal.On Friday, about two dozen demonstrators rallied outside Democratic Congressman Scott Peters' office in the UTC area to get him to sign on. "We're intent on pushing forward with what seems to be the strongest commitment to making important action on climate change by our government," said Karl Aldinger, a Fallbrook resident and member of the a group called Sunrise Movement.Congresswoman Alexandria Ocasio-Cortez introduced the deal in February. It lays out a series of goals, including getting the U.S. to 100 percent renewable energy by 2030. It also touches on issues surrounding education and wages. Peters, who represents the 52nd District, is the only San Diego County democrat not to sign onto the deal. He said he prefers a more direct approach through specific actions that can get bipartisan approval. Peters pointed to a series of bills that just passed out of committee."We don't want to scare away people from solutions," Peters said. "This is a problem we only have 10 or 12 years to solve. It can't be done just by Democrats, it can't be done just by liberals. It has to be done by everybody."Political analyst John Dadian says more moederate approaches could play a hand in the 2020 election."This dovetails into why we're seeing, in the last 10 years, what's increased every cycle, the rise of the independent, because the independents are saying I don't want to be Republican or Democrat, I don't always agree, I want to make my own decisions," he said. Dadian said what happens now could very well be remembered in 2020. So far, Democratic representatives Susan Davis, Juan Vargas and Mike Levin are supporting the deal. Peters and Republican Duncan Hunter are the two San Diego County representatives who have not signed on. 1872

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) - Democratic presidential candidates took direct aim President Trump and the nation's gun laws at the Unidos US political conference in San Diego Monday. “We don't need thoughts and prayers out of Washington. What we need is strength and some resolve that we haven't seen yet,” said former Vice President Joe Biden.In an interview, candidate Sen. Bernie Sanders renewed calls for an assault weapons ban but acknowledged uwpards of 10 million are already in civilian hands. “That is more than the United States military has,” Sanders said. "We have to immediately ban the sale and distribution; I think we ought to take a hard look about licensing these weapons for the people who own them."Sanders added a buyback program would also be an option.Sen. Amy Klobuchar said the Democrats are dealing with a powerful gun lobby."I come from a hunting state, I come from a law enforcement background, but when I got to the Senate I couldn't believe the power of the NRA and the power of the other groups that have tried to stop that in the track,” she said. Candidates also criticized President Trump for his anti-immigration rhetoric, saying it has lead to an increase in white nationalism across the U.S.“We are all equal and should be treated that way. We are the ones who are making those words real and making those words live,” Sen. Kamala Harris said. Unidos US also released a scientific poll of 1,800 Latino likely voters. About 78 percent of them said their biggest concern was how President Trump and his allies treat immigrants, and worry it will get worse. 1587

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