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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) — For more than three hours, two women were trapped inside a downtown San Diego elevator.Fire crews were called to the Copley Symphony Hall at about 7:30 p.m. Wednesday after the elevator stopped as it took the women to the 34th floor.A Battalion Chief said the women felt a jolt and the elevator's lights flicker before it came to a stop.Rescuers were able to reach the women at about 11 p.m., more than three hours later. Until then, the women Facetimed a friend to stay calm, but a friend was worried they would run out of air or suffer from heat related injuries."Once I learned that they pried the doors open because it was so hot in there, what else could I do but just wait?" Kalani Creutzberg said. "It turned into a waiting game. And I'm just very very fortunate that there's a happy ending to this."Both women were taken to a nearby hospital to be checked out. While they were shaken up and nervous, neither appeared to have any serious injuries. 982
SAN DIEGO (KGTV) -- For quite some time, it looked as if it would never happen, but now it's a great to be an Aztec, as ground has finally been broken on the SDSU West Mission Valley Project. And what an exciting times it is, as the centerpiece of the plans includes a brand new stadium. "It will become the signature project that defines the future. Not only for SDSU, but for higher education in California," says San Diego State President Adela de la Torre.The project will include an innovative educations district, 86 acres of land used for a park and recreation, affordable housing, a hotel, and of course, a 35 thousand seat stadium "I can't wait to see the team run on to Basher field and enjoy the cheers of 35 thousand fans,"says de la Torre.Equally excited is Aztecs Director of Athletics JD Wicker."We are building a stadium for Aztecs football, international and professional soccer, concerts, and any other event you can think of. You name it, we'll host it."And who knows, maybe someday San Diego will see the return of the NFL.Jack McGrory, a member of the SDSU Board of Trustees, says the new stadium will be built with the NFL in mind. "That's really their minimum specification for the NFL, 55 thousand seats. We can do that down there."The SDSU West Project wasn't easy, as many challenges were dealt with along the way. But as San Diego Mayor Kevin Faulconer describes it, it's time to write the next chapter for Mission Valley."SanDiegans should take great satisfaction in knowing that the future of this land is finally set. As a place where education, athletics, and the community will thrive side by side."The stadium is set to be open and ready for Aztecs football in 2022. 1707
SAN DIEGO (KGTV) – Drug maker Moderna announced it had started the process of testing its COVID-19 vaccine on children ages 12 to 17. The company dosed the first adolescents Thursday.“I think all of us are interested in getting control of this pandemic, and I think one of the opportunities here is to be able to immunize children also,” said Dr. Stephen Spector. He leads Moderna’s Phase 3 clinical trial on adults at UC San Diego. “We’re interested in participating; we haven’t heard yet from the sponsor.”Spector is also a pediatrician and said generally, children tolerate viral vaccines better than adults. This study will answer many important questions.“Are there possible adverse effects in children that weren’t seen in adults, and will they be more severe?” he said.“The primary concerns now are whether or not the vaccine will be safe in children, and whether it will provide the same immune response in children as was seen in adults.”Spector said once those factors have been determined, the vaccine can likely be approved to be used on children.“Because we already know the vaccine works in adults, given the immune response will be a determinant of vaccine efficacy, you see that in children, then the vaccine can be approved for them as well,” he explained.Data released by Moderna showed the vaccine efficacy against COVID-19 was 94 percent in adult participants, and the company has requested emergency use authorization from the FDA.“I’m not going to minimize that there have been some side effects, but they’re usually short-lasting, maybe a day or two of three days at most,” he said. “The fact that the vaccine is over 90 percent effective really puts it in the same realm as measles, rubella, and other kinds of vaccines that have been tremendously successful in containing viral infections.”Moderna will split the participants into two separate groups, half getting the placebo and the other half getting two vaccine shots 28 days apart.The company hopes to enroll 3,000 young people in the study, with a goal of generating data in the spring of 2021 and potentially vaccinating kids shortly after, in time for the next school year.“At this point, there are convincing data that the vaccine works, the FDA will review that data next week, and the expectation is there will be an emergency use approval by the end of next week for the vaccine,” said Spector. 2389
SAN DIEGO (KGTV) -- Five dogs died during a fire at a former kennel in Lakeside early Sunday morning. The fire broke out on the 8700 block of Winter Gardens Boulevard around 3 a.m., according to the Lakeside Fire Protection District. The house used to be a functioning kennel, but the woman who lives in the home was either pet sitting or storing the animal for residents at the time of the fire, the district says. RELATED: Mother, father killed in Logan Heights house fireA total of eight dogs were inside the home when the blaze sparked. Five of the dogs and a parrot died in the blaze. Crews say the fire started downstairs in the two-story home. The department says the age of the home made it difficult to fight the blaze. “Old structures are lath and plaster, they’re difficult to fight fires because the fires are get deep in the walls. So it takes a long time to put those out. There is a lot of stuff inside of the home as well. So moving hoselines inside of the house is very difficult as well,” according to Bernard Molloy with Lakeside Fire. RELATED: Family escapes as fire destroys Lakeside homeThe surviving animals were found upstairs and are expected to be okay. At this time, it’s unclear what caused the fire. 1237