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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) - Glide away those holiday days at one of San Diego’s outdoor ice skating rinks now open for the season.While the weather may stay warm, the ice will be chilly, so be sure you're bundled up!SKATING BY THE SEAIt’s a unique experience: ice skating with a view of the ocean. The Hotel del Coronado offers its skating rink adjacent to the beach on the historic Windsor Lawn through January 1. per person, in advance online. Military and group discounts available. 1500 Orange Ave., Coronado. More infoRADY CHILDREN’S ICE RINKThis Liberty Station skating area offers music and fun with a view of palm trees. The rink is open through January 6 across from The Lot movie theater. adults, children, military. 2875 Dewey Road, Point Loma. More infoHOLIDAY BY THE BAYNot only is there a skating rink, you can slip down the 100-foot long Reindeer Run Ice Slide and see the “Shine” outdoor light show every hour. The Hilton San Diego Bayfront also has Iceberg Bumpers, foods, and cookie decorating. -38 Adults 12 and up, -33 children ages 3-11. Military discounts are available. 1 Park Blvd., Downtown. More infoVIEJAS OUTLET MALL ICE RINKBilled as Southern California’s largest outdoor ice rink, this winter installation is a treat for East County families. You can even buy a season pass. adults and teens, ages 12 and under. 5003 Willows Road, Alpine. More info 1426
SAN DIEGO (KGTV) -- Democrat Ammar-Campa Najjar and Republican Darrell Issa have emerged as the favorites to represent East County's 50th Congressional District, according to a scientific poll released Tuesday. The 10News/Union-Tribune scientific poll comes one week before the March primary, in which voters will head to the polls for the first time since Republican Congressman Duncan Hunter resigned in January after pleading guilty to one count of felony campaign fraud. The poll, of 552 likely voters, shows Campa-Najjar, the lone household Democrat, leading the field with 35 percent of the vote. Former Congressman Issa, a Republican, comes in second with 21 percent, with former San Diego City Councilman Carl DeMaio at 15 percent. The poll had 12 percent undecided and State Sen. Brian Jones, a Republican, at 7 percent. 837
SAN DIEGO (KGTV) -- From across the country to here in San Diego, there is no denying racial tensions between law enforcement and some communities. Locally, San Diego County has seen protests over officer-involved shootings and deaths of people in police custody. The 2016 shooting of Ugandan immigrant Alfred Olango sparked protests throughout El Cajon. Olango’s sister called 911 to report that her brother was displaying erratic behavior. Olango pulled something out of his pocket officers believed was a gun and, according to police, he assumed “what appeared to be a shooting stance.” Officer Richard Gonsalves fired his gun at least four times, killing Olango. Earlier this year, a jury in a separate civil suit found the officer acted reasonably.In National City, the death of Earl McNeil in 2018 sparked questions from his family and protests at city council meetings. McNeil, who had mental illness, went to the National City Police station seeking help, according to his family. Police said when he went to the station, he was making paranoid, threatening and irrational statements. Police say he told them he was in possession of a controlled substance. A statement from National City police said he was transported to County Jail for processing and exhibited signs of medical distress. According to his family, he suffered brain and nerve damage that led to his placement in a coma. He was pronounced dead June 11, 2018.Bishop Cornelius Bowser is a former gang member who grew up in San Diego. “I was up to no good every day,” he said. He turned his life around and is now a local activist, vocal about what he calls inequities in policing. That includes overpolicing, with more negative than positive interactions.“What I mean by being overpoliced is that the community is saturated with law enforcement. They’re looking specifically for specific people. When a black person, just by being black and young, that makes me a criminal. That makes me a threat,” Bowser said. He feels there is a lack of community policing, which is commonly defined as the use of partnerships and problem-solving techniques to proactively address concerns. “The culture has to be changed, the way [police] come into our community—they have to build those relationships. And they have to be here long enough,” Bowser said.The District Attorney's Office analyzed officer-involved shootings over the past 25 years. White officers make up more than 70 percent of those involved in these shootings. 2494
SAN DIEGO (KGTV) - Dramatic dash camera video shows the moment two cars sped along San Diego’s State Route 94, leading one of the drivers to lose control and crash. The race happened Thursday just after 8 a.m. near the College Grove avenue exit of westbound SR-94. Video shows two sedans, an Audi and a BMW, drive up fast behind the witness' vehicle and pass him, before the BMW crashes into an unsuspecting driver.“Just a complete surprise,” said a witness who shared his video with 10News and requested to remain anonymous. The witness was taking his mother to the doctor when the sedans approached him from behind. “I just see them come out of nowhere and spin out, and runs into the back of the car,” said the witness. “In real time, I didn’t even see the other car.” “My first thought was, he was running from the cops,” the witness told 10News. The witness said the BMW driver involved in the crash stopped to check on the innocent victim, then went back across the road. No one was injured in the crash, according to the California Highway Patrol. The CHP is investigating what officers say is possibly a racing crash. No arrests have been made. “Ain’t no real reason to go that fast with that many people on the road,” the witness said. “He completely totaled the back of that guy’s car and there could have been a kid back there.” 1348