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SAN DIEGO (KGTV) – For the first time, a San Diego man is sharing his horrifying story about being an alleged so-called blind mule for a drug cartel. Team 10 Investigative Reporter Jennifer Kastner discovered that there's people who cross into San Diego from Mexico who have no idea they're smuggling drugs. “I thought I was in a nightmare. I could not believe that this was happening to me,” says the man we interviewed who tells us he was the unsuspecting victim of a drug trafficking scheme by a cartel. We’ve agreed to not use his name or show his face. “My biggest fear is that if they were watching me then, they're probably watching me now,’ he told 10News.10News was in a San Diego courtroom this January when his case was formally dismissed. Prosecutors dismissed the case, after charging him months earlier with bringing marijuana through the Otay Mesa Port of Entry. There was no explanation for the dismissal, but the man we interviewed believes it was due to a lack of evidence. To this day, he maintains his innocence. “In my wildest dreams, I would have never thought that there were five huge packages of marijuana stuck to the undercarriage of my truck,” he says. He claims he was a blind mule, a person who unknowingly moved narcotics.“I think it is without a doubt true that there are instances every year where people are coming across, bringing drugs, and they do not realize they're doing it,” says Caleb Mason, a former Assistant U.S. Attorney in San Diego. He’s studied blind mules. They're not common, but they do exist. “Five percent is approximately the rate that we saw going across districts,” Mason said.Last October, a Mexican citizen who crosses the border into San Diego for work became an unsuspecting smuggler, after five pounds of drugs were found hidden under his fender.There’s also a famous case from 2011 in which an El Paso school teacher was released from a Mexican jail, after investigators discovered she was being used as a blind drug mule. She didn't know that almost ninety pounds of pot were hidden in her trunk when she crossed the border. The man we interviewed for this story says it was last summer when he was living in Tijuana and commuting daily to San Diego for work. After getting unfortunate news that he'd been let go at his job, he says he crossed back into Mexico to have lunch with his girlfriend and parked his truck in an open, unsecured lot. He then crossed back to go fishing, but at the Port of Entry, the K-9s alerted an officer to his truck. He adds, “The first thing that he said to me is, ‘Are you under duress? Has anybody forced you to drive this vehicle?’” He says he was placed in a holding cell and then taken to jail after officers removed packages with more than forty pounds of pot from under his truck that were stuck on with magnets.“Typically, those are attached by magnets just to the undercarriage of the vehicle. sometimes we see spare tires mounted in the car in or on the car,” says Sgt. Bill Kerr with the San Diego County Sheriff’s Department’s Border Crimes Suppression Team. “Your classic, true blind mule is typically a SENTRI pass holder, meaning they face less scrutiny when crossing the border,” he adds. SENTRI passes expedite the clearance process for low-risk, approved travelers in the United States. The man we interviewed did not have a SENTRI pass, but says he was easy to track and follow. “I believe that I was targeted because of my routine,” he said.The case financially drained him. He never got his truck back, and had to pay thousands of dollars in attorney's fees. “This completely turned my life upside down,” he explains. He’s hoping his story will raise awareness for travelers to always be mindful of their vehicles’ security. 3748
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 Cohn, who is part of the foundation's medical team. 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: 1272

SAN DIEGO (KGTV) - Friends are grieving the loss of a young man killed in a South Bay crash that also sent five teenagers to the hospital. "This is like a bad dream and I want to wake up," said Ivan Nares.Nares says he got a heart-stopping call from his brother Gustavo, 18, from the emergency room Wednesday morning."He said, 'Ivan, Ivan, I need you. Please come,'" said Nares.RELATED: Driver killed in Otay Mesa SR-905 crash, several others injuredNares rushed to San Diego from his Tijuana home. His brother was a passenger in a Chrysler 300 packed with teens after a night at an indoor trampoline park.The CHP says around 9:15 p.m. Tuesday, the car was headed south on State Route 905 going at a high rate of speed when it hit the center divide near the Beyer Boulevard off-ramp. The 21-year-old driver was thrown from the car and died at the scene.Three males and two females, ranging from 15- to 19-years-old, were rushed to hospitals. Among them was Nares' brother, who suffered a fractured pelvis and two broken legs. He is uninsured. Gustavo is an amateur boxer and a recent graduate of San Ysidro High. He was in the process of applying to college. Instead, he faces a tough road to recovery."The advice give to all the people, especially young people is don't drive like you are in a 'Fast and Furious' movie. Be cautious. You're not just playing with your life. You're messing with other people's lives," Nares said.Nares has yet to tell his brother that his friend died in the crash. He's waiting for the right time. Their cousin was also seriously injured in the crash. 1591
SAN DIEGO (KGTV) - Following a four-month-long sting known as "Operation Red Beard," dozens of people have been arrested for selling drugs in East Village.Thirty-two arrests have been made so far. The District Attorney’s office announced the arrests were made in multiple locations within a one-mile radius. The largest bust locations were on K Street and 17th Street, each with at least nine arrests. The D.A.’s office and the San Diego Police Department joined forces in April to launch Operation Red Beard after residents complained of the among of drugs being sold in the area. Those drugs included methamphetamine, heroin, cocaine, oxycodone, and Xanax. RELATED: Victim testifies in East Village sexual assault caseIn October, a grand jury was impaneled to hear evidence and brought down 30 indictment against 41 people. Warrants were issued and 32 arrests were made. The D.A.’s office says 70 percent of offenders had prior felony records. 954
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
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