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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) — Small businesses trying to stay afloat amid coronavirus restrictions can apply for up to million in forgivable low-interest loans to help them get by. The Federal Small Business Administration has opened its application site for businesses with fewer than 500 employees to apply for the loans, which would have an interest rate of no more than 4 percent. The loans are part of the stimulus package Congress and the President authorized last week. They are meant to help small businesses maintain payroll and meet essential obligations like rent, mortgages and utilities at a time social distancing has eliminated most consumer spending. RELATED: Coronavirus aid: How to help your neighborsIf an employer uses the money as intended, the government says it will forgive the loans."Forgiveness is based on the employer maintaining or quickly rehiring employees and maintaining salary levels," according to the Small Business Administration. "Forgiveness will be reduced if full-time headcount declines, or if salaries and wages decrease."Kelly DuFord Williams, a managing partner at Slate Law Group, says this is an unprecedented opportunity for small businesses, given the low interest loan offer and six months of deferred payments. RELATED: WE'RE OPEN SAN DIEGO: Search open businesses"Small businesses employ a lot of people, especially in San Diego, with such a big entrepreneur community, and the last thing they want is all of us turning off our lights and doing mass layoffs just because of temporary circumstances," Williams said. Jennifer Byard, who owns Communal Coffee in North Park and South Park, said her sales have dropped 75 percent and that she has had to reduce her employees from 22 to eight. Byard plans to take out at least 0,000 to make it through.RELATED: IRS: Distribution of economic impact payments will begin in the next three weeks"I think it's really important for me to have some backup funds right now to be able to reopen, to be able to keep my employees, to pay them more," said Byard, whose shop is now doing takeout only during the day while offering pizza and salad in the evening. For more information on the loans visit SBA.Gov. 2199

SAN DIEGO (KGTV) — Several Kaiser Permanente locations in San Diego County will temporarily close due to coronavirus risks.The health care system posted on Twitter that medical offices in Bostonia, Carmel Valley, Carlsbad, El Cajon, Vista, and Kearny Mesa would temporarily close "in an effort to limit additional exposure to COVID-19 throughout the community."Kaiser's Point Loma medical center will also only offer in-person services for behavioral health-addiction medicine, fertility clinic, pharmacy, radiology, and lab visits.RELATED:Sharp temporarily closing multiple locations amid coronavirus outbreakScripps temporarily closing three clinics amid coronavirusWhat's the difference? Cold vs. flu vs. coronavirus symptomsLocations in Rancho San Diego, Rancho Bernardo, and Oceanside will only offer in-person services for pediatric visits involving well children.Anyone who has a prescription waiting to be picked up at one of the above medical centers can have the prescription filled at any open Kaiser Permanente pharmacy, the health system says. More information is available online here.Kaiser also said patients can use the medical system's mobile app or visit kp.org to get online care (e-visit), schedule a phone or video visit, or call (833) 574-2273 (TTY 711).Kaiser's announcement marks the third local health system to temporarily close locations amid the coronavirus pandemic. Scripps Health and Sharp Healthcare have both announced some closures 1475

SAN DIEGO (KGTV) — San Diego's Metropolitan Transit System has approved a plan to convert all of the agency's 800 buses to a zero-emission fleet by 2040.The agency will send its plan to the California Air Resources Board for certification. State regulations require public transit agencies to gradually transition to all-zero emission bus fleets by 2040.MTS' plan aims to cut down on greenhouse gas emissions by about 43% over the next 19 years. The cost of the full transition is about 1 million over that same time frame. It will cost about 5 million more to acquire land and build a new facility to accommodate additional electric buses, according to MTS.A "first-in-the-nation" overhead gantry system is also included in the plans to automate charging."MTS has been testing six electric buses in revenue service over the past 10 months and we’ve been very pleased with their performance," said Sharon Cooney, MTS Chief Executive Officer. "The performance data makes us confident that we can make a transition to an entire fleet of zero-emissions buses over the next 19 years, and continue to provide the highest quality of service our passengers expect and deserve."The busses will be rolled out in priority to routes through communities considered by MTS to experience the most negative impacts of greenhouse gas emissions and environmental health. MTS plans to also utilize a mix of electric and hydrogen fuel cell vehicles to meet its goal. 1461

SAN DIEGO (KGTV) - San Diego State University's men's basketball team has returned to the top ten in the national polls for the first time in five years, reaching number seven in the AP and Coach's Polls released Monday. The Aztecs are 15-0 to start the season, making them one of just two undefeated teams remaining in Division One. The other team is Auburn. Head Coach Brian Dutcher says the team is handling the success well, refusing to be distracted. He told 10News that the growing buzz about his team is reminiscent of the program's glory years at the beginning of the decade, when rising star Kawhi Leonard led the team to conference championships and a deep run in the NCAA Tournament.RELATED: San Diego State's stadium effort gets -million donation"It makes a difference," Dutcher said. "It makes a difference in winning and losing. We're excited when this building is full. Hopefully it will be that way for the rest of the year.""Our student section is growing more and more," junior forward Matt Mitchell told 10News. "They're starting to be more and more active. It only helps the city and helps the program and helps the university."The team's next home game, Saturday versus Boise State, sold out Monday afternoon. A spokesperson says they anticipate that sellouts are likely for the team's other six remaining home games as long as the winning streak continues. 1389

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