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SAN DIEGO (KGTV) — St. Augustine High School, an all-boys Catholic school in North Park, has filed a lawsuit against California Gov. Gavin Newsom and other state officials to allow the school to reopen for in-person instruction.The school says that after holding its summer school and athletic programs in-person for more than 400 students without any reports of COVID-19 cases, they are seeking to stop the state's enforcement against in-person classes during the pandemic this fall."At Saints, we don’t believe remote learning is sufficient to provide a quality education our students are entitled to and our families have come to expect," said Principal James Horne. "We are confident we can open our school safely, consistent with CDC and San Diego County health guidance. We ran a safe and successful summer school program and believe it is an indicator that we can safely return to school in the fall."The school says it adhered to the county's public health guidelines and safety measures during its summer programs, including required to face masks, social distancing requirements, air conditioning systems using UV lights to sanitize the air, and buildings and classrooms being regularly sanitized with an electrostatic disinfecting mist system.St. Augustine also said a distance learning option would still be offered for families who don't want to send their children back to school in-person."After appeals from many families to return to the classroom, Saints is pursuing the best way to offer opportunities that are the right fit for all its students and families," the school said. 1604

SAN DIEGO (KGTV) - San Diego winemakers say business is picking up, and there's a new way to for locals to get their foot in the door. A new report by the San Diego County Vintners Association says there are now 116 wineries in the region, with sales nearly doubling in the last year. The industry now has about 700 workers in the county. Now, the association has teamed up with Cuyamaca College for a Viticulture Technician Apprenticeship program. Participants work 1,500 hours a year, learning the ins and outs of winemaking. They earn an hour the first year and the second, with opportunities to make more doing side jobs once they get enough experience. "You can't really sell wine unless you know where it's coming from and what goes into it, creating the story behind the wine itself," said Kaylan Wedemeyer, who is an apprentice for La Mesa's San Pasqual Winery.Linda McWilliams, who owns San Pasqual, said many local wineries are mom and pops, but that apprentices can also grow with them."I think we'll find places for the people who graduate, and then we'll build together," she said. The program is accepting applications ahead of interviews in December, and January starts.  1227

SAN DIEGO (KGTV) - Some in the legal community are raising concerns that in-person federal court cases are putting attorneys and their clients in unnecessary danger.A letter sent by the Federal Defenders of San Diego Executive Director Kathryn Nester to United States Senator Kamala Harris says since raising concerns back in March about COVID-19's impact on federal detainees and criminal cases, the risk to their clients and staff has increased.According to the letter, "The increased danger stems from escalating prosecutions and the reopening of in-person court proceedings in our district, despite escalating COVID-19 infections in local jails and communities. These prosecutions are occurring on an uneven playing field, as the pandemic is undermining our clients' constitutional rights to a speedy trial and to confidential communication with their lawyers."Nester claims the United States Attorney's Office has substantially increased new prosecutions over the past several weeks.In the letter she states, "The USAO is increasing prosecutions while simultaneously winding down its practice – instituted at the beginning of the pandemic – of issuing Notices to Appear instead of arresting and detaining many defendants. The result is a growing jail population, which increases the risk of COVID-19 transmission."Nester also cites concerns about the condition of local jails and what's described as lack of testing, reporting, and transparency at these facilities.She adds that the increasing prosecutions are against clients with reduced constitutional safeguards."Requiring detainees to quarantine for 14 days after each court appearance effectively precludes trials, because defendants cannot be brought to court on consecutive days. So the government will bring clients to court to plead guilty, but not to exercise their constitutional right to a speedy trial," Nester stated.The U.S. Attorney's Office said it has dramatically reduced the number of new criminal cases in response to the COVID-19 pandemic."The Southern District of California stakeholders – the District Court, the U.S. Attorney's Office, the defense bar, the U.S. Marshals Service, U.S. Pretrial Services, U.S. Probation and the Bureau of Prisons – have worked collaboratively over the past several months to adjust and deal with this unprecedented crisis," said U.S. Attorney Robert Brewer. "Ms. Nester's letter is an unfortunate and sad departure from that collaboration given that she omits key facts and presents an inaccurate, biased and incomplete picture of what's occurring in this district."In a written response to the Federal Defenders of San Diego, the United States Attorney wrote, "The assertion that the U.S. Attorney's Office has ‘reversed course’ and has ‘dramatically increased new prosecutions’ in July 2020 is incorrect. More fundamentally, however, the attempt to rely on a snapshot of new complaints over a very short period of time fails to convey the unprecedented efforts the U.S. Attorney's Office has taken in response to the pandemic over the past several months and our attempts to involve Federal Defenders in those efforts wherever possible. "Fears of in-person safety have been brought up by more than just Federal Defenders.Team 10's Adam Racusin spoke with several San Diego area attorneys who say they do not feel safe handling cases in-person.Team 10 also confirmed a COVID-19 positive federal detainee recently appeared before a federal judge.In response to federal courthouse safety concerns, Chief U.S. District Judge Larry Burns tells 10News, since the beginning of the COVID 19 epidemic, the court has taken every recommended precaution to protect the health and safety of visitors to courthouses, of counsel and their clients, and of court staff.Burns explained in an email that any attorney can request an exemption from appearing personally, and to instead appear by video conference or telephone.“Very few attorneys have submitted requests; all submitted requests have been granted. You may also be unaware that in federal grand juries resumed convening in May. I am informed that as many as four different grand juries are currently hearing cases on a weekly basis,” Judge Burns wrote.He also explained that the inmate who tested positive was checked by the U.S. Marshals before being brought into court, did not have an elevated temperature, and did not otherwise exhibit any symptoms of infection.“He was maintained seated by himself at a distance of at least 15 feet from other people in the court except for the Marshals guarding him. After the inmate was sentenced, we were informed that he had tested positive for the virus. Upon learning that information, our Court followed the recommended CDC guidelines for notifying all those who were present in the courtroom. It has now been several days since the incident and I am informed that no other person who was present and who was notified of the risk has experienced infection symptoms or has tested positive for COVID 19.”A spokesperson for Sen. Harris tells 10News their office did receive the letter.In a statement to 10News, Sen. Harris wrote, "The severe conditions that our incarcerated population have been facing during this pandemic are shocking, unacceptable, and must be addressed immediately. Since March, I have been calling on the Justice Department to maximize releases during the pandemic and guard against potential exposure to coronavirus. That work is as urgent today as it was several months ago. I continue to call on the Justice Department to address this matter immediately and re-evaluate how it is enforcing the law and detaining individuals." 5658

SAN DIEGO (KGTV) - Some men are sharing their story of an unlikely redemption after police spotted them spray-painting graffiti on a street in El Cajon.Gripped by the message of the recent protests, Dre, Dan, and Gee did something they've never done before. The three, all of them artists, ended up on Heart Drive with spray paint."Just wanted to put up something, so when people drive by, it says 'love.' It says 'peace,'" said Dan."We are about art. People need to see the message," said Dre.Around 2 a.m., El Cajon Police Sergeant Mike Murphy pulled up to the three, before two more officers arrived. The three friends prepared to be arrested. Sgt. Murphy surveyed what they painted: peace signs, the words 'BLM' and 'Justice For Floyd.'He talked to them about the impact of graffiti. The men apologized. There would be no arrest. The three friends offered to fix it and Sgt. Murphy said he would help."That's a good feeling. It's the same as the message we were out there painting that night," said Dan.That same day, the men turned up with paint and rollers and together with Sgt. Murphy, they covered the spray paint. The three men decided they would funnel their passions into an art installation with the theme of unity. Sgt. Murphy agreed to help them find a venue for it. Dre and Dan say their encounter with him shows them that police can be part of the solution."Not every cop is out to kill black people. There are good cops out there, and I think people need to start understanding and noticing," said Dre.After the art piece is complete, Sgt. Murphy plans to submit a request to El Cajon officials in hopes of displaying it on city property. 1664

SAN DIEGO (KGTV) -- San Diego’s first rainbow crosswalk opened in Hillcrest Saturday afternoon. According to organizers, the crosswalk is the first in California that also features a transgender flag. The crosswalk is located at the corner of Normal Street and University Avenue. RELATED: Hillcrest to get San Diego's first LGBTQ+ rainbow crosswalkCouncilmember Chris Ward and other local leaders were there for the unveiling. His office released a statement saying, in part: “I am proud that my office has made this symbol of lesbian, gay, bisexual, transgender (LGBTQ) pride a reality.” 596