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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) -- State health officials are working to catch up on a large backlog of COVID-19 tests.According to Marik Ghaly, California'sCalifornia's Health and Human Services Secretary, a server outage on July 25 led to a delay in lab records coming into the reporting system.Ghaly says they also realized they weren't getting data from one of their largest commercial labs for five days, between July 31 and August 4, because the state neglected to renew a certification."We apologize. You deserve better. The Governor demands better of us,"" Ghaly said during a Friday virtual news conference.Ghaly says there are an estimated 250,000 to 300,000 tests that need to be processed, and that will happen in the next 24 to 48 hours.The system accepts results for other reportable diseases, so the records have to sorted, Ghaly said, though adding that a majority will be COVID-19 test samples."We expect that over the next 24 to 48 hours that the backlog that's between 250 to 300 thousand cases will be resolved giving us a better sense of the number of tests that were delayed," Ghaly said. "We are reporting this data to the counties based on the date the specimen was collected so we can attribute it to the appropriate date."Ghaly points out the state froze the county monitoring list last week, so the problem should have affected any decision-making policies. He also says it doesn't change any state trends with case rates, which he says are still trending downwards slightly.However, it's unclear how the delay in reporting will impact contact tracing.The Governor has ordered an investigation into the error. 1629

SAN DIEGO (KGTV) — SeaWorld San Diego revealed Tuesday that its newest roller coaster will open this spring. "Emperor", named after the biggest species of penguin, which can be seen at the park's popular "Penguin Encounter" attraction."It will be the tallest, fastest, longest, and the only floorless dive coaster in the state of California and the entire west coast of North America," said Senior Vice President of Attractions Mike Denninger.RELATED: SeaWorld's new dive coaster will be named 'Emperor'The ride reaches 153 feet at its tallest point, tops 60 miles per hour, and includes multiple inversions. The centerpiece of the ride, however, is the 90-degree, straight down drop. Denninger says the train will freeze for a few seconds just after going over the edge, ratcheting up the anticipation, while also offering unparalleled views of SeaWorld and Mission Bay. "I think it will be wonderful. Very thrilling," Denninger said.10News joined a group of invited guests for a tour of the work site Tuesday, which included several bloggers who write about roller coasters. RELATED: SeaWorld planning for aerial drone show test runDerek Perry, of Coaster Kings, says aficionados are looking forward to riding Emperor. "We're super-excited about it," said Perry. "We haven't had anything like this west of the Mississippi and the views of the bay, I think, are going to be awesome" 1391

SAN DIEGO (KGTV) — San Diego's biggest fireworks spectacular is set to light up the night sky above San Diego Bay Thursday.The Big Bay Boom will unleash a pyrotechnic extravaganza for July 4th, giving viewers all across the San Diego waterfront a sight to behold.The show kicks off Thursday at 9 p.m. An estimated 300,000 to 500,000 visitors are expected to take in the fireworks display around San Diego.RELATED: San Diego July 4th fireworks mapThe Port of San Diego and convention center are teaming up to offer a free Big Bay Boom community celebration at the center's Bayfront Terraces starting at 5 p.m. Food and drinks will be available for purchase.But don't fret, with that many onlookers there's plenty of room to watch and get down to the bay:ShuttlesFree Harbor Island?Shuttle:For shuttle service to Harbor Island, spectators are asked to park at the airport’s long-term parking lot. A shuttle will be available at the lot beginning at 6 p.m. on July 4. After the show, the last shuttles will run at 10:45. Free Shelter Island Shuttle:Shuttle pick up for the Shelter Island shuttle will be at the corner of Carleton Street and Rosecrans Street adjacent to West Marine beginning at 3 p.m. on July 4. After the show, the last shuttles will run at 10:45 p.m.Where to watchThe best views of the Big Bay Boom will be from Shelter Island, Harbor Island, North and South Embarcadero parks, Seaport Village, Marina District, Little Italy and the Coronado Ferry Landing. If you're able to grab a seat high up at a downtown hotel, high rise, or condo you'll see quite a show as well. If you're trying to snag a spot though, you'd better show up quick. Early-risers routinely grab a spot as July 4th begins and choose to spend the day outside ahead of the massive show.The Big Bay Boom also offers some helpful tips on parking on its website here.If you're listening in, the 20-minute show will be choreographed to music broadcasted on:Star 94.1Channel 93.3JAM’N 95.7101.5 KGBROCK 105.3NewsRadio 600 KOGOXTRA Sports 1360Big Bay Boom factsTo put on such a large show, predictably, there's a massive amount of work to be done.It takes more than 2000 hours to create the spectacle, according to pyrotechnic Sam Bruggema, and takes about 0,000 to produce. Tonight's show will used more than 8,500 pounds of explosives.But that 20-minute in turn produces an estimated economic impact of .6 million, including sales for area hotels, restaurants, retail shops and tour operators.And it's worth it. The show has been recognized as one of the best fireworks show's in the nation and best in San Diego, according to organizers. 2642

SAN DIEGO (KGTV) - San Diego State Students created public service announcements, as part of a competition, to encourage their peers to take precautions and stop the spread of the coronavirus. Thursday the university announced two more students tested positive for the virus, making the total four since move in.The County of San Diego and SDSU will use the PSAs online as part of a new ad campaign, according to the county.The university came to the county amid a spike in cases among young people age 20-29. San Diego County reported 25% of positive cases belong to that age group."We're asking people of your generation of your age group to do the right thing," Dr. Hala Madanat, Director of the School of Public Health at SDSU, said. She led the charge to create the competition."I really was hoping that we would hear from the age group where we were struggling to get adherence to the guidelines and be the ones to encourage their peers," to follow the guidelines she said.One of the three winners, Senior JakeBryan Bonifacio, said he felt an obligation to use his skills to help. "It [the pandemic] is very concerning so that’s why I felt compelled to share this opportunity, share my video."Bonifacio is a Marketing major and already had the tools to create a video. He said he used his own camera and editing software.He said it was most important to create an impact using levity and positivity. He used his pup to demonstrate social distancing, "He’s the star of the show... animals bring that lovability."While he is optimistic, he hopes to be a leader for change, to protect his peers and those more vulnerable, like his grandmothers.The winners were announced August 10th and received Apple AirPods, according to Bonifacio.SDSU has 29 confirmed coronavirus cases since March, encompassing students, staff and visitors. 1840