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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) -- Former San Diego deputy Richard Fischer has been released from jail months after being sentenced to nearly four years in jail after pleading guilty to multiple assault charges. According to the San Diego County Sheriff's Department, Fischer was released earlier in May on custody credits. "On May 15, 2020 the San Diego County Sheriff's Department received an order from the Superior Court setting forth the custody credits for Richard Fischer," the department said. Fischer was sentenced to 44 months in jail in December of 2019, followed by 16 months of post-release supervision after pleading guilty to four felony counts of assault under the color of authority, two misdemeanor counts of assault under the color of authority, and one misdemeanor count of false imprisonment. The charges stemmed from attacks on 16 women, City News Service previously reported. Fischer was accused of assaulting women while on duty between 2015 and 2017. The victims said Fischer groped, hugged or tried to kiss them. Fischer originally faced 20 felony and misdemeanor charges. RELATED:-- Ex-San Diego County sheriff's deputy gets jail time in sexual misconduct case, won't have to register as sex offender-- Plea deal reached in deputy sexual misconduct case-- Trial for San Diego County sheriff's deputy accused of sexual misconduct set to begin-- New lawsuit filed against former deputy-- Potential plea deal falls through in sheriff's deputy sexual misconduct case-- Deputy accused of groping, sexually assaulting women to stand trial-- Fischer: ‘I really look forward to my day in court'-- Deputy accused by multiple women of sexual assault speaks publicly-- Sheriff's deputy accused of sexual misconduct pleads not guiltyCity News Service contributed to this report. 1788

SAN DIEGO (KGTV) - Hundreds attended a Juneteenth event in Balboa Park Friday.The event, 'Artists 4 Black Lives,' involved local artists commemorating Juneteenth through songs and performances."It was a way to celebrate Juneteenth, mourn our fallen black brothers and sisters, and amplify our black artists' voices," The event director, Eboni Muse, said.The holiday commemorates the day in 1865 when slaves in Texas learned they were free, two and a half years after the Emancipation Proclamation was issued."As black people, it is our Independence Day. We were not freed July 4," Muse said. "I personally think it's something we need to celebrate all the time."This year's Juneteenth celebration takes place at a time when the country is engaged in a national conversation about racial injustice and police reform. The atmosphere at Balboa Park was inviting and welcoming, drawing a diverse crowd."I'm hoping our artists will open the eyes of those who see us and really understand how we feel and how this has affected our people," Muse said. 1052

SAN DIEGO (KGTV) - From a small chicken stand, Charlie Boghosian built an annual tradition.Every year, San Diegans and tourists visit the Del Mar Fairgrounds to see what Boghosian has delivered. Is it fried [insert food here]? Almost guaranteed."Chicken" Charlie started working at the Del Mar Fairgrounds when he was 14-years-old. But his love for cooking began far sooner.SAN DIEGO FAIR COVERAGE: 416

SAN DIEGO (KGTV) - Health officials have confirmed a positive case of COVID-19 at an assisted living center in the College Area.On Wednesday, 10News tried to get answers from Stellar Care Center, located just south of the College Area. On Tuesday night, San Diego County Public Health Officer Dr. Wilma Wooten revealed that they were looking into a patient at the home who may have tested positive. “Our staff [is] investigating this situation and once it's determined if there's individuals or patients with influenza-like illnesses, the staff there will collect specimen and send them to our lab for testing,” she stated.Across the country, concerns over the spread of the virus in nursing homes continues to grow. In Kirkland, Wash., an outbreak of the virus at the Life Care assisted living center lead to at least 35 reported deaths, according the Centers for Disease Control and Prevention. In Louisiana, seven deaths have been linked to a retirement community out of New Orleans. 10News reached out to Stellar Care Center and San Diego County for additional information. A spokesperson for San Diego County writes, "I can confirm that there is a positive case of COVID-19 at Stellar Care Assisted Living. Skilled nursing facilities throughout the County have amplified their protocols to address the COVID-19 pandemic using strategies similar to those recommended by the County of San Diego in responding to an influenza outbreak. These protocols include limiting the amount of people in congregant settings (including meals, activities and visitors) while amplifying cleaning and sanitation measures and providing additional training for staff."The State Department of Social Services writes, “In order to protect confidentiality, we are not able confirm or provide details regarding specific individuals or locations.” 1835