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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) — Disney officials say they do not believe Disneyland or California Adventure parks will reopen before 2021.During an earnings call on Thursday, Disney Chief Financial Officer Christine McCarthy said the Anaheim theme park will likely remain close through the end of the fiscal first quarter, which ends in late December."While some of our parks are open with limited capacity, we currently anticipate Disneyland resort will remain closed at least through the end of the fiscal first quarter," McCarthy said.RELATED: San Diego County businesses sue amid rollback in reopening restrictionsMcCarthy added that the company does not have any indication of how long restrictions on theme parks will last.California introduced reopening guidelines for small and large theme parks in October. Small theme parks with a capacity of less than 15,000 visitors can reopen in the state's moderate (orange) tier while large parks like Disneyland can reopen in the minimal (yellow) tier.Orange County is currently in the red tier and would need to post two weeks of orange tier data to move forward. The county would need to do the same to move into the yellow tier. Disney's Anaheim parks may then need time to prepare for visitors if able to reopen.RELATED: California rejects San Diego's request for reopening tier changeDisney CEO Bob Chapek said on the call that California's "arbitrary standard" for COVID-19 guidelines is hurting employees and surrounding businesses.“Unfortunately, we’re extremely disappointed that the state of California continues to keep Disneyland closed despite our proven track record,” Chapek said. “Frankly, as we and other civic leaders have stated before, we believe state leadership should look objectively at what we’ve achieved successfully at our parks around the world, all based on science, as opposed to setting an arbitrary standard that is precluding our cast members from getting back to work while decimating small businesses and the local community." 2007

SAN DIEGO (KGTV) - Honda has agreed to pay million to settle allegations surrounding airbag failures.The lawsuit was brought by a collation of Attorneys General in 48 states.According to the Attorney General of New York the settlement, "Concludes a multistate investigation into Honda's alleged failure to inform regulators and consumers of issues related to the significant risk of rupture in the frontal airbag systems installed in certain model cars, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles."The California Attorney General’s Office says Honda also agreed to a number of injunctive terms to protect consumers, including requirements that it include design features that protect vehicle occupants in the event of an airbag rupture and a prohibition from engaging in false or misleading advertising related to the safety of its frontal airbags."For years, Honda failed to warn consumers and regulators of the potential dangers of its airbags. That type of business practice not only violates Californians' trust but endangers lives," said Attorney General Xavier Becerra. "Every time we get into our vehicle, safety is a priority. In case any company forgets that California is ready to remind you and hold you accountable."ABC 10News reached out to Honda for a comment on the settlement but did not hear back.According to the California Attorney General’s office, the ruptures have resulted in at least 14 deaths and over 200 injuries in the United States alone."It's a win for the consumer," said Alexander Brangman.On Sept. 7, 2014, Brangman's daughter Jewel rear-ended a van in her rental car on a freeway in Los Angeles. Four vehicles were involved. Everyone walked away from the crash, except her.Brangman said the shrapnel pierced her neck. She later died.While he applauds the actions of state leaders to reach a settlement with Honda, Brangman says he's still concerned that vehicles have dangerous airbags in them."I'm an example of something tragic happening that was preventable, and it's still happening," Brangman said.According to the National Highway Traffic Safety Administration, approximately 63 million Takata airbags have been recalled because these airbags can explode when deployed, causing serious injury or even death.To check your car https://www.safercar.gov/ 2365

SAN DIEGO (KGTV) — Governor Gavin Newsom and the state Attorney General California officials served a cease-and-desist letter to two San Diego strip clubs operating amid the state's stay-at-home order.The letter to the attorneys representing Pacers Showgirls and Cheetahs Gentleman's Club said the state has been informed the locations are operating indoors despite restrictions forcing restaurants to offer only take-out and delivery services under the order.The letter was sent by state Attorney General Xavier Becerra on behalf of Governor Gavin Newsom and the Department of Public Health."We are informed and believe that MIDWAY AND F-12 are continuing to conduct indoor operations notwithstanding the Regional Stay at Home Order currently in effect in the County of San Diego. Such indoor operations violate the terms of the Regional Stay at Home Order, which permits restaurants, such as those run by MIDWAY AND F-12, to operate for take-out and delivery services only," the letter said.RELATED: San Diego County fights ruling protecting strip clubs from stay-at-home ordersThe letter says the two groups representing the strip clubs, Midway Venture LLC and F-12 Entertainment Group Inc., must reply by Saturday at 5 p.m. that they will comply with the order or they could face legal action."To protect the health care delivery system of Southern California from being overwhelmed, the State Health Officer determined that immediate, aggressive nonpharmaceutical interventions must be implemented," the letter states. "Specifically, the Regional Stay at Home Order requires that restaurants, including your clients’ restaurants, may continue to operate for carry-out and delivery services but may not offer indoor or outdoor dining or other services that cause people from different households to come into contact for extended periods of time and thereby increase the risk of transmission of COVID-19."San Diego County officials voted this week to appeal any "adverse ruling" to a hearing over whether to allow strip clubs to remain open.RELATED: How long can you safely be in a room with someone infected with COVID-19?Supervisor Nathan Fletcher said on Wednesday that the majority of the board doesn't view strip clubs as essential and "felt that was consistent with common sense." "I’m guessing most folks aren’t going there with all the members of their household, so you have multiple households interacting together in a high-risk setting and so we ordered them closed," Fletcher said.The adult entertainment businesses sued to county and state in October over COVID-19 restrictions that forced them to close indoor operations. A judge issued a preliminary injunction on Nov. 6 that protects the businesses from any enforcement, though the businesses must comply with rules surrounding a 10 p.m. curfew and close early.RELATED: State says San Diego County playgrounds can remain open during stay-at-home orderAfter the county fell into the state's purple tier restrictions that closed indoor operations for many businesses in November, an attorney representing Pacers adult entertainment club told ABC 10News that adult entertainment is a protected form of expression and should be protected as a first amendment right.The Associated Press reported that the strip clubs say they are keeping dancers six feet or more apart and requiring everyone to wear a face covering.Steve Hoffman, the attorney for Cheetahs Gentleman's Club, told the AP that the business consulted with experts who said there's no evidence of increased risk to COVID-19 if dancing is allowed. 3583

SAN DIEGO (KGTV) — Eldahmy Wellness Pharmacy just received a shipment of test strip kits that can detect signs of COVID-19 in the blood."I usually compare it to the blood glucose machine," said Ahmed Eldahmy, an advanced practice pharmacist who owns Eldahmy Wellness Pharmacy's two locations in La Jolla and Barrio Logan. "Hopefully in the future this point-of-care testing will be available in every doctor's office, clinic, pharmacy."The kits are allowed by the FDA for Emergency Use Authorization (EUA) as of March 31, 2020. Although he could not yet tell us the name of the company creating the kits, Eldahmy showed them to us and explained how they work to detect if signs of COVID-19 are present in the blood.RELATED: San Diego company gets FDA approval for 30-minute COVID-19 test"These are basically the antibodies that our test is trying to detect," Eldahmy explained while holding the test during a Skype interview. "We take a drop of blood and we put it in this spot at the bottom of the test. This is how we can figure out if the blood sample has the antibody component or not."He said it only takes moments to receive results."You leave it for about 5 to 10 minutes and it will tell you if it's positive or negative," he explained. "There’s only a one or two percent chance that it might not be accurate."RELATED: FDA warns of fake coronavirus home test kitsPeople must fill out a pre-screening questionnaire before receiving the test which asks if they've recently traveled to an area with known spread of COVID-19, if they've come in close contact with someone who tested positive in the last 14 days, if they have a fever greater than 100.4 or lower respiratory illnesses like cough, shortness of breath, difficulty breathing, and if they work as a first responder or healthcare worker.The answers will determine if one qualifies for the test."We can send it to a patient in their homes they can do it or we can do it here in our location," said Eldahmy. "We’d rather do it at our location in order to give patients a little bit of guidance or direction. We don’t want people to panic or freak out."RELATED: Company working to get FDA approval for fast COVID-19 testIf someone chooses to do the testing in person, it will be done following social distancing guidelines outside of Eldahmy's two pharmacies."Within the 10-15 minutes we will bring them the results, bring them the paperwork and what they need to do moving forward," he said.If results come back positive, Eldahmy will refer the patient to have further testing done.RELATED: FDA approves San Diego company's coronavirus test kit"Basically body fluid or a nasal swab that we have to send to a lab," he said. "If they tested negative but still have symptoms they still need to self quarantine for 14 days in order for us to assess and we will redo the test after 14 days."Right now he only has a little under 100 tests, but is hoping to receive more soon.Because Eldahmy understands that many people may be struggling during this time, there will be no financial gain for his pharmacies.RELATED: Encinitas doctor helping patients test for coronavirus via telemedicine"Its not the time to make a profit off of it," he explained while saying he will either give the test for free or for the price he paid depending on each person's financial situation. "We just want to do something for our community, make sure that those who are actually on the fence, or they have symptoms, or they don't have access to the hospital, then we'll be able to help them out." Testing sites will be set up at both pharmacies."We’ll do one day in Barrio Logan and the next day in La Jolla and we will alternate," he said. "We can answer questions, we can give guidance and let hospitals deal with 100 percent positive cases that need the help."The tests will be given on a first come, first serve basis by appointment only starting Wednesday. To make an appointment call 619-331-1111. After confirming an appointment, you will be advised to go to one of the following locations: 1985 National Ave #1103San Diego, CA 92113 7509 Draper Ave Suite ALa Jolla, CA 92037To learn more about Eldahmy Wellness Pharmacy click here. 4184