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SAN DIEGO (KGTV) - Delaying people's right to get out from behind bars.Some local attorneys told Team 10 that people who are arrested and accused of federal crimes are not getting to court within the required timeframe. They believe that it could have an impact on the surrounding communities."Nationally, the most serious and infested places with coronavirus are all prisons," said attorney Ryan Stitt.Stitt's a trial attorney with the Federal Defenders of San Diego.Team 10 investigator Adam Racusin asked him to explain what happens after someone's arrested and taken to a detention facility."They would come to court, they would meet a lawyer like myself, they would learn what the charges are, and there would be an effort to try and get them bond that day," Stitt said.However, Stitt said it’s becoming a challenge for facilities to get some people who have been arrested on federal crimes to an initial appearance on time.Instead of quickly starting the bail process to get out of detention centers, Stitt said they may spend more time inside."COVID-19 has fundamentally changed how the court system operates, we've seen delays increase," he said.According to Stitt, the Federal Defenders of San Diego have seen delays at Western Region Detention Center, located in downtown San Diego. The location is operated by a company called the GEO Group."GEO has not set up a process to efficiently screen and accept new bookings, and while people may actually be at GEO if they haven't had their medical screening, they are not being made available to go to court over the telephone or over video, which is perplexing, but that is the system that they've come up with, and it's creating a delay," he said. "It's delaying people's court appearances beyond the day after they are arrested."Stitt said the goal is to get people to court the same day or next business day.In many cases, when that doesn't happen, attorneys file an application for what's known as a write of habeas corpus ad prosequendum.In several court filings Team 10's reviewed the civil filings state, "Petitioner, by and through provisional counsel, Federal Defenders of San Diego, Inc., requests that the Court issue a Writ of Habeas Corpus Ad Prosequendum to Respondents who have custody over the Petitioner and require that the Petitioner be presented to a United States magistrate judge immediately for arraignment. The Petitioner submits that there is good reason to believe that the Petitioner is currently being detained in violation of Fed. R. Crim. P. 5(a)(1)(A).""Rule 5 is the federal rule that governs what they call prompt presentment," said University of San Diego Professor of Law Donald Dripps.According to the U.S. Courts, federal rules of criminal procedures rule 5(a)(1)(A) states, "A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise."The federal rules of criminal procedures also list exceptions to rule 5.According to the GEO Group, as of Oct. 13, a total of 52 GEO employees at the Western Region Detention Center have tested positive for COVID-19. A spokesperson said one of the employees who tested positive is currently at home on self-quarantine, while 51 employees have fully recovered and returned to work after meeting the return-to-work guidelines for essential workers issued by the CDC.In a statement, a GEO Group spokesperson said in part, "While the COVID-19 pandemic has presented unprecedented challenges, from the very beginning we have taken extensive measures to ensure the health and safety of those in our care and our employees, who are on the front lines making daily sacrifices at the facility."The GEO Group forwarded ABC 10News to the U.S. Marshals Service (USMS) for questions about procedures and claims of delays.According to the U.S. Marshals, as of Oct. 8, they've received reports of 23 USMS prisoners being held at the Western Regional Detention Center, having tested positive for COVID-19 at any point during the pandemic. Of those, 22 have since recovered.In a statement, a spokesperson for the Marshals Service wrote, "The U.S. Marshals Service and its contractors continue to work with the court family to ensure prisoners are produced for court in a safe and timely manner. COVID-19 has brought about a number of changes to these processes, and we adapt to these changes as they occur. One of those changes has been the temporary need to conduct initial intake for many of our prisoners at the Western Region Detention Facility. Prisoners are received by the facility multiple times per day. Each prisoner going through the intake process at the facility is medically screened, to include compliance with the court's general order on testing for infectious disease, and made available for court, via video teleconference or phone, within the same day or the following morning."Stitt said they'd like to see people come to court as quickly as possible. He explained everyone at an initial appearance in court hasn't been convicted of anything, and they are entitled to bond.Outbreaks at detention facilities endanger the broader community, Stitt said."The guards that are present, the healthcare professionals that go to the jail and then our hospitals generally that need to treat the inmates once they become ill are all impacted by the rising COVID-19 numbers in custody," Stitt said. "By delaying people's presentment in court, you necessarily increase the prison population by not allowing people that otherwise would make bond and bond out of court stay in prison longer."United States Attorney Robert Brewer says the COVID-19 pandemic has presented unprecedented challenges to the facilities that house pretrial detainees charged with federal crimes in the Southern District of California.In a statement to ABC 10News, Brewer wrote, "Notwithstanding those challenges, the facilities have worked diligently to allow arrestees to make their initial appearances via VTC or telephone at the earliest opportunity. When it was brought to the attention of the U.S. Attorney's Office that one facility was unable to provide VTC access to arrestees until the arrestees had received medical clearance, which delayed the initial appearances of a limited number of arrestees by approximately 24 hours, the U.S. Marshals Service and the facility arranged a dedicated telephone line in the facility's medical unit so that arrestees could appear via telephone for the initial appearance before receiving their medical clearance." 6634

SAN DIEGO (KGTV) — Friday, a San Diego woman recounted how she was sexually abused by her priest at St. Jude when she was young, hoping it would encourage others to come forward.Walking up to the church to speak she said she felt a wave of emotions, "My chest was heavy, my stomach was sick. I was catching my breath." She told 10News her name is Cynthia Ann Doe, keeping her last name private, wearing a scarf over her head and dark sunglasses, concealing part of her identity for fear of retaliation. She said she could still see the rectory, where Monsignor Gregory Sheridan lived, next to the church. In it's place is a parking lot.She depicted what her life was like when she was just five-years-old, "I had no one to protect me, my mother and my father divorced when I was four, my brother died months before that." She said they lived inside a brightly painted yellow apartment building, sitting just across the street. Ann Doe said she clung to her faith and her family was honored when Monsignor Sheridan took favor in their company. Alone in his bedroom, her lawyer said he violated her with his fingers.She said at that age she couldn't process what happened, "that you are worthless dirty, a bad person, so bad that even God must not love you, because your priest hurt you and made you feel nasty.""I'm asking anyone male or female who may be struggling with what happened to them by Father Sheridan to come forward and be heard," she said.That call growing louder as more cases arise across the country. Pope Francis issued the first law for officials worldwide Thursday, requiring them to report abuse to their superiors.The local Catholic Church also proactive, publishing a list of priests with credible allegations against them. Monsignor Sheridan listed at the bottom of page seven.The statute of limitations ran out for Cynthia decades ago, but she has one request of the Diocese, asking them to pay for her years of therapy, "I would like to be reimbursed, I can give them every bill from 1981." 2023

SAN DIEGO (KGTV) -- Firefighters are trying to determine what caused a brush fire in Mission Valley Wednesday afternoon.The fire erupted along Interstate 8 and Texas Street near iFLY around 3:00 p.m.Firefighters say steady wind carried flames from a tree across the overpass, catching dry brush on fire near Camino Del Rio.The Texas Street off-ramp from Interstate 8 was closed in both directions due to the blaze. Firefighters say a quarter of an acre was burned in the fire.Thick brush and trees were burned, but no business in the area were damaged. Crews had to conduct about six water drops in the area to extinguish the flames. 646

SAN DIEGO (KGTV) -- Emily Lake opened Sisters Pizza in Hillcrest last summer to honor her sister Kate, who passed away at an age too young.Her restaurant features a wall of framed pictures of sisters and people who are like sisters - many who have become regulars at the neighborhood eatery. "People have contributed pictures of them and their sisters, them and their friends, and it's not just women. It's anybody who has a close relationship," Lake says. Lake says business had been going even better than expected, until the coronavirus outbreak. Now, her restaurant and those across the county have been reduced to takeout and delivery. "Being any sort of small business owner, and such a brand new one too, we're just navigating scary waters and doing the best we can," says Lake, who owns the restaurant with her husband Trevor. Lake estimates that 60 to 70 percent of their revenue is gone forever. That's because standard insurance policies do not cover loss of business for viruses and bacteria. "I thought that it would be a force majeure or considered an Act of God, and unfortunately it is not," Lake says. "Even in our catastrophe insurance, which would cover earthquake or other natural disasters, this pandemic is not included."But those in the insurance industry say it's an uncertain situation. That's because businesses aren't contracting or closing because they themselves have become infected. Instead, they are doing so because the government is telling them to. One San Diego insurance broker told 10News businesses should make a claim regardless. If it's denied, so be it. Lake said she'd look into that option."At this point we'll pull out all the stops in order to stay in business," Lake said. Meanwhile, California's Department of Insurance is advising all business owners to contact their insurance companies to go over options. A department spokesman added that insurance Commissioner Ricardo Lara is communicating with state and federal authorities on options for businesses. 2014

SAN DIEGO (KGTV) - Fernanda Whitworth watched her husband Ralph battle cancer for years."He couldn't swallow, he couldn't talk or basically eat. So he lost 45 pounds, it's literally barbaric."Ralph Whitworth was diagnosed with HPV-related tongue cancer in 2013. It eventually claimed his life in 2016.Before Ralph died, the Whitworths began a quest to find a cure. It's a mission Fernanda has carried on."I feel like we are so close; we're on the tipping point of finding a cure," she explained. The nonprofit they founded in San Diego, The Immunotherapy Foundation, is dedicated to funding the most promising research on HPV-driven cancers."This is a huge problem. Not only does HPV account for six different cancer types, almost 100 percent of cervical cancers and in men, now those instances are rising for head and neck cancer, " said Dr. Ezra Cohn, who is part of the foundation's medical team. The Centers for Disease Control estimate that about 14 million people get a new HPV infection every year in the U.S. Nearly all men and women who have ever had sex get at least one type of genital HPV at some time in their lives. The Immunotherapy Foundation has focused its efforts on three categories:  1272