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SAN DIEGO (KGTV) - Each day that the courts in San Diego are closed, an already daunting case load grows.The closure leaves San Diegans wondering if, and when, they’ll get justice.According to the San Diego Superior Court, “On Tuesday, May 26, the Court will resume many services, though most will be provided remotely. With the community spread of COVID-19 still a concern, in-person services at the courthouses will continue to be limited to urgent needs.” The court said it’s in the process of sending out rescheduling notices to the parties involved in more than 87,000 hearings.To help cut down the backlog in the civil arena, a group of attorneys is working together to ensure San Diegans have an opportunity to have their case either mediated or have their dispute handled. It’s called RESOLVE Law San Diego.“Without some mechanism to try and deal with these cases, like a settlement conference or mediation, there's really no way for a person who's involved in a lawsuit to have their things resolved,” said attorney Benjamin Bunn.“We have in San Diego over a dozen calendar departments, each of those departments has over 1,000 cases assigned to it, and every Friday each of those independent calendar departments have law and motion hearings that involved at least a dozen and usually two dozen or more cases,” explained attorney William Low. “All of those hearings have been put on hold for the last eight weeks. Nothing has been happening to resolve those cases. RESOLVE Law San Diego is specifically targeted to help those litigants resolve those matters sooner rather than later.”RESOLVE Law San Diego will give people involved in civil cases the opportunity to connect with a retired judge or a qualified local attorney who will agree to hear matters free of charge.“If you go to court right now you might not get a hearing date until November, but if you want to use RESOLVE Law, you’re going to have a hearing within the next two weeks,” said attorney Amy Martell.According to the group, it’s not a court-sponsored program; it is both voluntary and by stipulation of the parties only. The program will only last for a set amount of time and is designed to streamline the law and motion and mediation process so that cases can move forward while the court reopens and manages its caseload.So far more than 175 people have signed up to volunteer their time."By the program that we have set up, we have very good lawyers and retired judges volunteering their free time over the next 120 days to help resolve issues and to help get the court system moving again,” said attorney David Casey.The attorneys involved said hearings will be handled over the phone or through teleconferencing, a safe and easy way to communicate during COVID-19.The program aims to give people a little certainty in times that are anything but that."It will help them get justice quicker, sooner, with less frustrations,” said attorney Heather Rosing.According to the RESOLVE Law website, this type of venture is the first of its kind in the state designed to provide civil litigants an alternative and free venue for dispute resolution during this crisis.In a statement to 10News, San Diego Superior Court Presiding Judge Lorna Alksne wrote, “This effort is a great example of San Diego’s lawyers and retired judges coming together to help the community obtain resolutions of their disputes and to help reduce the backlog of cases due to the pandemic.” 3450
SAN DIEGO (KGTV) — Fall is in the air, perfect for Halloween fun and street fair excitement around San Diego.La Jolla Playhouse brings the performance outside during their Without Walls Festival at Liberty Station. Check out live, immersive performances and productions all across the arts district.Borrego Springs celebrates the desert life with the Borrego Days Desert Festival, featuring a parade and fly-over, and festival filled with fun for the whole family.SAN DIEGO HALLOWEEN:San Diego's Whaley House: Tour one of America's most haunted homesFrightful fun: San Diego Halloween, fall events for familiesExperience Halloween chills at these San Diego attractionsSpirited shindigs: Halloween parties for San Diego's 21+ crowdFree haunted hikes, Halloween carnivals at San Diego County parksEscondido and Encinitas are hosting a pair of North County street festivals, where visitors will have their pick of delicious foods, arts and crafts, and can enjoy live music throughout the day.Here's a look some fun around town this weekend:THURSDAYWithout Walls FestivalWhere: Liberty Station; Cost: Free - (Thursday - Sunday) Jump into an immersive blend of performances and theater-style productions, most of which are free to the public. Performances include interactive shows, bands, creative dancing, and short plays.Del Mar International Horse ShowWhere: Del Mar Fairgrounds; Cost: Free - (Thursday - Sunday) See Olympic and world-class athletes compete for a spot in Wolrd Cup Finals during the Del Mar International Horse Show. The show encompasses world-class jumping and horse riding as part of the Longines FEI Jumping World Cup North America League.FRIDAY54th annual Borrego Days Desert FestivalWhere: Christmas Circle Park, Borrego Springs; Cost: Free(Friday - Sunday) Borrego Days celebrates the desert town with a parade and fly-over, activities for kids, a car show, live music, art, and so much more between the event's opening parade and festival. Delicious food will be on hand from vendors, arts and crafts to sale, and a kids zone with even more fun.Lowriders: The Art of Low N' SlowWhere: San Diego Automotive Museum; Cost: - (Friday - Sunday) Explore the global and local phenomenon of low rider culture and communities at the San Diego Automotive Museum. The museum's exhibit covers communities in the U.S., Japan, Europe, and Latin countries.SATURDAY25th annual Eastlake Cycle & 5K and Technology & Innovation FairWhere: Eastlake Middle School; Cost: Free - Lace up your shoes for a 5K cycle or run and hang out afterward to explore the world of STEAM with free activities and education at Eastlake Middle School this weekend. Local experts will be on hand to lead sessions in STEAM activities and parents can learn about local programs available for kids.Villains in the VillageWhere: Third Avenue, Chula Vista; Cost: -Families are invited to stroll Chula Vista's Third Avenue as villains take over for frightfully fun selfies, eerie children's activities, delicious eats and drinks, and a costume contest during the Village holiday takeover.Bahia FestWhere: Embarcadero Marina Park North; Cost: - 0More than 7,000 music fans are expected at Embarcadero Marina for Bahia Fest, featuring an all-star lineup of Latin reggae musicians, delicious craft beer and bites from local restaurants, and local arts and crafts vendors as well. SUNDAYEscondido Grand Avenue FestivalWhere: Grand Ave., Escondido; Cost: FreeStroll through Escondido's Grand Ave. and check out hundreds of vendors, international cuisine, local entertainment, and more during Grand Ave. Festival. A kids corner offers youngsters arts and crafts fun and Art in the Garden gives visitors the chance to peruse unique displays.Saltdog ClassicWhere: Encinitas Community Park; Cost: Free - Encinitas' community festival brings out live music, craft breweries, and local artists and businesses to enjoy the sights, sounds, and tastes of Encinitas, while benefitting Rancho Coastal Humane Society.The Haunted HotelWhere: Westfield Mission Valley; Cost: - The popular attraction moves from downtown to Mission Valley for 2019, offering three haunted features and free parking. The Haunted Hotel is not recommended for young children and pregnant women will not be allowed inside. 4305
SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178
SAN DIEGO (KGTV) — Governor Gavin Newsom and the state Attorney General California officials served a cease-and-desist letter to two San Diego strip clubs operating amid the state's stay-at-home order.The letter to the attorneys representing Pacers Showgirls and Cheetahs Gentleman's Club said the state has been informed the locations are operating indoors despite restrictions forcing restaurants to offer only take-out and delivery services under the order.The letter was sent by state Attorney General Xavier Becerra on behalf of Governor Gavin Newsom and the Department of Public Health."We are informed and believe that MIDWAY AND F-12 are continuing to conduct indoor operations notwithstanding the Regional Stay at Home Order currently in effect in the County of San Diego. Such indoor operations violate the terms of the Regional Stay at Home Order, which permits restaurants, such as those run by MIDWAY AND F-12, to operate for take-out and delivery services only," the letter said.RELATED: San Diego County fights ruling protecting strip clubs from stay-at-home ordersThe letter says the two groups representing the strip clubs, Midway Venture LLC and F-12 Entertainment Group Inc., must reply by Saturday at 5 p.m. that they will comply with the order or they could face legal action."To protect the health care delivery system of Southern California from being overwhelmed, the State Health Officer determined that immediate, aggressive nonpharmaceutical interventions must be implemented," the letter states. "Specifically, the Regional Stay at Home Order requires that restaurants, including your clients’ restaurants, may continue to operate for carry-out and delivery services but may not offer indoor or outdoor dining or other services that cause people from different households to come into contact for extended periods of time and thereby increase the risk of transmission of COVID-19."San Diego County officials voted this week to appeal any "adverse ruling" to a hearing over whether to allow strip clubs to remain open.RELATED: How long can you safely be in a room with someone infected with COVID-19?Supervisor Nathan Fletcher said on Wednesday that the majority of the board doesn't view strip clubs as essential and "felt that was consistent with common sense." "I’m guessing most folks aren’t going there with all the members of their household, so you have multiple households interacting together in a high-risk setting and so we ordered them closed," Fletcher said.The adult entertainment businesses sued to county and state in October over COVID-19 restrictions that forced them to close indoor operations. A judge issued a preliminary injunction on Nov. 6 that protects the businesses from any enforcement, though the businesses must comply with rules surrounding a 10 p.m. curfew and close early.RELATED: State says San Diego County playgrounds can remain open during stay-at-home orderAfter the county fell into the state's purple tier restrictions that closed indoor operations for many businesses in November, an attorney representing Pacers adult entertainment club told ABC 10News that adult entertainment is a protected form of expression and should be protected as a first amendment right.The Associated Press reported that the strip clubs say they are keeping dancers six feet or more apart and requiring everyone to wear a face covering.Steve Hoffman, the attorney for Cheetahs Gentleman's Club, told the AP that the business consulted with experts who said there's no evidence of increased risk to COVID-19 if dancing is allowed. 3583
SAN DIEGO (KGTV) - Driving on roads in San Diego during the holiday season can be a headache, as residents and tourists alike deal with increased traffic caused by extra congestion. This year, during Thanksgiving week, the roads have been a little bit safer, according to statistics released by the California Highway Patrol. San Diego County DUI arrests and auto fatalities were both down from last year, for the time period between Wednesday at 6:00 p.m. and Friday at 6:00 a.m. Going into the weekend there have been a total of 21 DUI arrests recorded in San Diego, a decrease from 27 arrests from 2017. RELATED: Check 10News?traffic updatesThe results are also reflected across the state, where the 294 DUI arrests are down from 386 a year ago. There have been no fatal car accidents in San Diego, compared to one at this time last year. Across the state there were 17 car accidents resulting in death, compared to 19 in 2017. The CHP reports that of the 13 fatalities that occurred in their jurisdiction, five were not wearing seat belts. 1142