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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) – Drug maker Moderna announced it had started the process of testing its COVID-19 vaccine on children ages 12 to 17. The company dosed the first adolescents Thursday.“I think all of us are interested in getting control of this pandemic, and I think one of the opportunities here is to be able to immunize children also,” said Dr. Stephen Spector. He leads Moderna’s Phase 3 clinical trial on adults at UC San Diego. “We’re interested in participating; we haven’t heard yet from the sponsor.”Spector is also a pediatrician and said generally, children tolerate viral vaccines better than adults. This study will answer many important questions.“Are there possible adverse effects in children that weren’t seen in adults, and will they be more severe?” he said.“The primary concerns now are whether or not the vaccine will be safe in children, and whether it will provide the same immune response in children as was seen in adults.”Spector said once those factors have been determined, the vaccine can likely be approved to be used on children.“Because we already know the vaccine works in adults, given the immune response will be a determinant of vaccine efficacy, you see that in children, then the vaccine can be approved for them as well,” he explained.Data released by Moderna showed the vaccine efficacy against COVID-19 was 94 percent in adult participants, and the company has requested emergency use authorization from the FDA.“I’m not going to minimize that there have been some side effects, but they’re usually short-lasting, maybe a day or two of three days at most,” he said. “The fact that the vaccine is over 90 percent effective really puts it in the same realm as measles, rubella, and other kinds of vaccines that have been tremendously successful in containing viral infections.”Moderna will split the participants into two separate groups, half getting the placebo and the other half getting two vaccine shots 28 days apart.The company hopes to enroll 3,000 young people in the study, with a goal of generating data in the spring of 2021 and potentially vaccinating kids shortly after, in time for the next school year.“At this point, there are convincing data that the vaccine works, the FDA will review that data next week, and the expectation is there will be an emergency use approval by the end of next week for the vaccine,” said Spector. 2389

SAN DIEGO (KGTV) — Despite not being on the state's watch list, San Diego County leaders warn it could be a matter of days before the region joins 19 other counties being monitored for rising coronavirus cases.Wednesday, County leaders and health officials mapped out the path that will result in the county avoiding or making California's County Monitoring List. "We have to really recommit and refocus ourselves to adapting to the reality we face," Supervisor Nathan Fletcher said.Under the state's metrics, counties are placed on the list after any one of the following thresholds is met for three days in a row:Average number of tests per day is less than 150 per 100,000 residentsCase rate over 14 days per 100,000 residents is greater than 100 cases OR greater than 25 cases with a 7-day percent of testing positivity equal or above 8%Greater than 10% increase in three-day average of COVID-19 hospitalized patientsLess than 20% of ICU beds available or less than 25% or ventilator availableSan Diego County crossed the case rate metric on June 30 with 105 cases per 100,000 residents. Here are San Diego County's numbers as of Wednesday: 1152

SAN DIEGO (KGTV) - For families staying at the Ronald McDonald House, the coronavirus has made an already stressful time even more troubling."Absolutely," says Christie Kinghorn. Her daughter, Lexi, is getting treatment for Complex Regional Pain Syndrome at Rady Children's Hospital. They're living at the Ronald McDonald House for about a month."I know the coronavirus has been hard on everyone," she explains. "But to deal with significant medical issues and be seeking treatment out of state during a pandemic was very difficult."To help keep their guests safe, the Ronald McDonald House put in new protocols throughout the facility."We used to have a very busy facility with people coming in and out throughout the daytime," says President Chuck Day. "Now, we've focused on our two critical services - overnight stays for families who need us and meals."Day says the facility has fewer guests now, as fewer people are going to Rady's for treatment or elective procedures. Typically, the Ronald McDonald House has 56 families staying in it, with another 30 on a waiting list. Right now, they only have 25 families on the campus."The main thing was to make sure we knew about the family staying at the house, are they safe, have they had any instance of exposure to COVID anytime," says Day.Before anyone checks in, they have to have a negative result on a coronavirus test. Visitors and staff also get temperature checks and health screenings to look for symptoms every time they enter the building.Social distancing and mask-wearing are also strictly enforced.As for meal service, Day says the cafeteria is now offering grab-and-go meals to families staying on campus. No one is allowed to eat in the large communal dining area.For people who come by to get meals while they spend time at the hospital, the Ronald McDonald House has set up a cooler outside with bagged meals.But all the extra precaution takes extra funding. As part of National Nonprofit Day on August 17, the Ronald McDonald House will match donations, up to 5,000. They also have a wish list of supplies set up on Amazon and their website."We went out and asked people who love us, 'Would you help us?' And they said, 'Yes.' Now we're asking others in the community who know us to join in," says Day.To help, go to rmhcsd.org. 2310

SAN DIEGO (KGTV) - Holiday fun from around the world is coming to San Diego this season, as Global Winter Wonderland pops up at SDCCU Stadium.The multicultural theme park set up at the Mission Valley stadium features a circus of lights, a carnival, holiday-themed displays of locations around the world, an international food court, holiday shopping, and Santa (along with his trusty penguin, Penny.)RELATED: Southern California theme parks celebrate the holidays with festive eventsThe festival of holiday lights and music runs at the stadium on select dates from Nov. 11, 2017, to Jan. 7, 2018: 614