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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) -- Due to the COVID-19 pandemic, LEGOLAND had to shut its doors back in March. But that doesn't mean kids are losing out on the LEGO fun. LEGO "Master Builder" Jessica Ewud is passing along her creative knowledge through virtual LEGO art classes. "To keep the kids occupied," says Ewud. "While they are stuck inside during this pandemic with nothing to do."Ewud is a professional artist who was looking to transform her art in a creative way. Then one night, she had a dream she created an Abraham Lincoln made out of LEGO. She thought the idea was so brilliant, she went out and got the materials to make it."I'd always thought of Lego as a kids toy, but as an artist, I was looking at it differently. I was looking at it as an art medium," she said.Her art creations got her noticed, and she was chosen to participate in the competition show, LEGO Masters, where she became a show finalist. She also has one of her LEGO artworks on display at LEGOLAND."I got selected out of thousands of people to be on Lego Masters, and my peacock is on display at LEGOLAND," says Ewud.And now she is passing along her knowledge, by offering virtual LEGO art classes."I'm offering some awesome classes online via Outschool," said Ewud. "I try to make my classes as engaging and creative as possible. I feel when kids are stuck inside, the best thing they can do is be creative." 1391

SAN DIEGO (KGTV) — Hoteliers across San Diego are seeing a significant loss of business from mass cancellations as efforts continue to stop the spread of the novel coronavirus. The San Diego Convention Center Corp. reports five conferences have either been canceled or postponed, meaning upwards of 43,000 people would not be coming to San Diego and spending money locally. "The hotel industry has seen a significant drop in business, a significant impact on the workforce," said Namara Mercer, who chairs the San Diego Hotel Motel Association. "Anecdotally the shifts are being cut, people aren’t going to work if occupancy is not high."LIST: San Diego events, schools that have changed plans due to the coronavirusAs conferences cancel, large convention hotels downtown are finding themselves with hundreds, if not thousands, of unexpected empty rooms. That can be costly also to other hotels. "What do they do? They reduce their rates - the big convention hotels - and then they start taking away business from all of us who are in outlying areas," said Bob Rauch, CEO of RAR Hospitality, which owns three San Diego County hotels and manages nine others.Rauch said cancellations were up 15 percent last week, and he expects that to increase to 25 percent this week. He says he expects it to peak next week at 35 percent before he expects things to calm down. As of now, he has not cut staff hours, but he said things could change if the loss of business continues to persist. "If this worsens over the next couple of weeks, we will create some kind of shared pain program," said Rauch, adding that it would likely involve cutting hours across the board so no employees are laid off. As of December, there were 31,700 people in the county working for hotels, up about 2.6 percent from December 2018, according to the state Employment Development Department. 1868

SAN DIEGO (KGTV) -- Gov. Gavin Newsom on Thursday ordered a statewide "limited Stay at Home Order" for San Diego County and other counties in the state's COVID-19 purple tier.In a release on the governor’s website, the state’s curfew will take effect Saturday, Nov. 21. It will be from 10 p.m.-5 a.m.The curfew is set to expire on Dec. 21 at 5 a.m.The state said the restrictions are similar to the stay at home order issued in March.This time, however, the order only applies to counties in California's purple tier status under its COVID-19 reopening plan.Newsom said, “The virus is spreading at a pace we haven’t seen since the start of this pandemic and the next several days and weeks will be critical to stop the surge. We are sounding the alarm. It is crucial that we act to decrease transmission and slow hospitalizations before the death count surges. We’ve done it before and we must do it again."San Diego County Supervisor Greg Cox, in response to the statewide curfew, said, "Look, we know we all want to see this pandemic end. And believe me, we do too. But those who float the public health orders, those who refuse to use masks and facial coverings are just prolonging the misery."“Bottom line is, wear those damn masks out there. Socially distance. And the sooner we do that, the sooner we’re going to get through this crisis,” said San Diego County Sheriff Bill Gore.Gore says they are devoting four two-men deputy teams to work full time with county compliance officers.He says they are not going door-to-door but following up on complaints about businesses or entities violating public health orders. They will attempt voluntary compliance and education first. If that doesn't work, it could lead to citations.He says when it comes to enforcement, they want to work with local jurisdictions and police departments, but they will serve citations with or without their help."If they're not going to join with us in enforcement action, if that becomes necessary, we will issue those citations by ourselves without their assistance," Gore said.Since Monday, the county has issued 52 cease-and-desist orders for businesses not in compliance.Last week, California, Washington, and Oregon issued travel advisories that urge visitors from out-of-state or residents returning home from outside travel to self-quarantine for 14 days. 2351

SAN DIEGO (KGTV) -- Dr. Scott Overcash and the staff at La Mesa-based laboratory eStudySite are preparing for what could be a history-making clinical study."I'm personally really excited about being in the effort to try to prevent people from getting the disease," said Overcash.In just days, Overcash will soon be overseeing a first-of-its-kind trial of a coronavirus vaccine created by the American biotech company Moderna.Starting as early as next week, the first of 350-500 local patients will begin receiving the vaccine.The same one has already been given to patients in phases one and two of the trial. This is the next and possibly final step before FDA approval."What's a little bit different about this particular situation is that the different phases have all been sort of compressed and are all ongoing at the same time," Overcash explained.Overall, 30,000 people around the country are expected to take part in this larger study.Unlike earlier phases, this round is targeting a more vulnerable part of the population.The patients taking part will belong to one of three groups: older than 65, younger but with underlying conditions or those at high risk of catching the virus because of their job.Moderna's vaccine uses what's called messenger RNA to trick the body's cells into producing the antibodies necessary to fight the virus.So far, this particular vaccine has shown promise, but only time will tell"There are multiple candidate vaccines that are going to be rolling out and we're just so hopeful that at least one will be effective enough to be rolled out for use," said Overcash.To learn how to participate in a clinical trial, visit https://coronaviruspreventionnetwork.org/. 1708

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