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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) -- Former KUSI anchor Sandra Maas is suing the station for million, alleging retaliatory termination and violation of the Equal Pay Act. Maas’ attorneys claim McKinnon Broadcasting Company and the company's actions “have caused, and will continue to cause, Maas emotional distress and loss of earnings."Maas was hired by KUSI in 2004 as a morning news co-anchor. In 2010, she was promoted to evening co-anchor. The lawsuit states Maas initiated additional duties for herself in 2016 when she started writing, producing and anchoring a weekly segment called “Healthy Living.” In 2017, court documents say Maas suspected she was underpaid compared to her male peers. The lawsuit claims her suspicions were confirmed when a former manager told her a male co-anchor was being paid ,000 more than her per year. The lawsuit states that in December of 2017, Maas brought up the issue of pay inequity during contract negotiations and “was given the runaround.” After sending a written complaint to her manager and the station’s general manager, Mike McKinnon Jr., the lawsuit says McKinnon told Maas he “did not like the tone of [her] email.”The last few paragraphs of the lawsuit claim failure to provide equal pay to women, gender and/or age discrimination, failure to prevent discrimination, and retaliation. Maas’s last day at the station was June 13, 2019. Read the full lawsuit below: 1416
SAN DIEGO (KGTV) — Hundreds of homeless individuals remain evacuated at SDCCU Stadium after heavy rains flooded an East Village shelter this week, forcing them to leave.Flooding Thursday night overturned portable restroom facilities at the Alpha Project facility, turning the ground into a swamp of feces and human waste and inundating tents meant to house the homeless from the storm.Saturday, those evacuated remained at the Mission Valley stadium. Mayor Kevin Faulconer planned to visit the stadium to meet with those evacuated.RELATED: Hundreds of homeless evacuated as rain floods downtown San Diego shelterHomeless individuals at the stadium were given food and a clean place to sleep, but Red Cross organizers say they need new clothing, blankets, and socks to help replace what was lost. Donations can be brought to SDCCU Stadium's Gate C.Hazmat crews still have to clean up the downtown site as of Saturday. There is no timeline on when the downtown shelter will be reopened or how long the emergency shelter would be in place. 1044
SAN DIEGO (KGTV) -- Hundreds gathered outside Fire Station 21 in Pacific Beach Tuesday evening to remember a San Diego Fire-Rescue Department firefighter killed in a motorcycle crash over the weekend.Ryan Ferrara, 39, was riding on the back of the motorcycle as a passenger when it crashed into a parked vehicle. It happened July 18 at the 13000 block of Piping Rock Lane in the Lakeside area.The driver of the motorcycle was hospitalized; he has not yet been identified. Authorities say neither the driver nor Ferrara were wearing helmets.RELATED: San Diego firefighter killed in Lakeside-area motorcycle crashThe crash is still under investigation, but the San Diego County Medical Examiner's Office says alcohol or drugs may have been factors in the crash.Many who knew Ferrara were visibly distraught during Tuesday's remembrance ceremony. At sunset, the crowds moved to the boardwalk and sands. Many firefighters were there to show the family their support.Capt. Rich Marcello, who worked with Ferrara, says it's a Fire Station 21 tradition to go down to the beach and watch the sunset after every shift when possible."Every evening, we come out and watch the sunset and gather round each other and kind of hang out with each other, which is why we're here with the family today," he said.Before he was a firefighter, Ferrara was a lifeguard. In his free time, he loved to surf, according to those who knew him."Everybody loved him, great Personality. He's just the whole package," Marcello said. 1509
SAN DIEGO (KGTV) -- Flu activity is slowing down throughout San Diego County, the County Health and Human Services Agency said Wednesday.Across the county, 14 more flu deaths have been identified over the last week, though 10 of those fatalities happened earlier in the season and have just now been confirmed.A total of 283 flu deaths have occurred in the county this season. Those who died from the flu this season ranged in age from one to 101.RELATED: El Cajon flu survivor returns home after nightmare flu battleFor the second week in a row, the number of lab-confirmed flu cases dropped. A total of 501 cases were reported last week, compared to 767 the week before.The percentage of visits to emergency rooms due to the flu-like symptoms also saw a decrease over the last week.RELATED: Texas teacher dies from the flu, husband claims medication was too expensive“Influenza activity has slowed down significantly compared to the end of 2017 when the flu season peaked locally,” said Wilma Wooten M.D., M.P.H., County public health officer. “While flu activity peaked earlier than in previous seasons, people should continue getting vaccinated since the season is likely to last at least another month, if not longer.” 1246