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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS and KGTV) - The San Diego Humane Society announced Thursday that its Humane Law Enforcement division conducted a one-day sweep of pet stores and issued more than 100 citations for violations of a partial state ban on the sale of dogs, cats and rabbits.Assembly Bill 485, which went into effect at the beginning of this year, requires pet stores to get their animals from a partnered shelter or rescue center in an effort to curb the sale of pets from so-called puppy mills and kitten factories that breed animals for sale en masse, often in inhumane conditions.Humane Law Enforcement officers issued 39 citations to Broadway Puppies and 38 to Bark Avenue, both located in Escondido, for failing to provide a documented agreement with a public or private animal shelter or rescue organization, according to Humane Society spokeswoman Dariel Walker. Officers also issued 25 citations to Pups & Pets in Santee for improper signage on the cages holding its available animals, she said.RELATED: 26-pound cat helping raise awareness on pet obesity10News spoke to Mindy Patterson, Co-President of "The Cavalry Group," an organization that represents animal businesses. One of their members is Broadway Puppies in Escondido. Patterson said AB485 treats legitimate pet stores unfairly."To mandate that a store is required to obtain and source their animals for sale, from a specific source is unconstitutional," Patterson said. "All I know is that our members are in accordance with the law."Patterson said she wants the public to recognize the difference between illegitimate backyard breeders and USDA-certified breeders. She said both of them are often lumped into the same negative category of "puppy mills.""They are licensed, regulated and regularly inspected facilities that meet very stringent standards," Patterson said. Cavalry Group co-founder Mark Patterson said the store "and its parent organization are faithfully following the letter of the law in this case and will be exonerated of these citations. Other pet stores in San Diego County have been subject to similar harassment by SDHS only to have the citations dismissed in court."Representatives of the other two pet stores could not immediately be reached for comment on the citations, which were issued during a countywide sweep Wednesday of pet stores under the Humane Society's purview.Last July, the county's Department of Animal Services ceded nearly all countywide animal control duties to the Humane Society, except unincorporated areas of the county that are served by the department's shelters in Carlsbad and Bonita.RELATED: San Diego Humane Society sees surge in young wildlife in need of care"My advice is beware," said Humane Law Enforcement Officer Allen Villasenor. "As a brand-new law takes effect, people will use different methods to try to circumvent the law and at this point it's our job to make sure everything is in compliance. I always suggest looking into shelters first, go to the adoption agencies first and see if you can find the right fit for your family there."Residents can report possible violations of the state pet sale laws by calling the Humane Society's Law Enforcement division at 619-299-7012. 3221

SAN DIEGO (CNS) - A grand jury report released Wednesday found multiple gaps in institutional safety and training in the Child Welfare Services division of San Diego County's Health and Human Services Agency. The grand jury reviewed the workloads of social workers in the CWS division, as well as how CWS workers are trained to provide support and care to foster children and parents. The panel also looked into the effects of the state's Continuum of Care Reform Act, which required regional foster care systems to increase support for foster families and improve outcomes for foster youth. The grand jury found that most social workers are overworked and often spend as much or more time on administrative work than interacting with foster children and families, resulting in poor communication and coordination. CWS staff and foster parents also lack the proper training to offer trauma- informed care or support for victims of human trafficking, according to the report. RELATED: Team 10: Child maltreatment in foster careThe grand jury launched the study after the San Diego Union-Tribune reported last July on a lawsuit alleging multiple instances of abuse of foster children over a seven-year period. Through interviews with county officials and a review of current CWS practices, the grand jury received reports that nearly one-third of foster children were abused in some way in their foster homes. In addition, roughly 20% of all calls to the county's child abuse hotline were from foster youth. ``Even though foster families have 12 hours of initial training including an orientation and eight hours of continuing education/year, the grand jury believes increased training in trauma and parent education will decrease maltreatment in (the Resource Family Approval program) and kinship care,'' the report says. RELATED: Team 10: California department does not maintain data on all foster care deathsThe grand jury issued nearly 10 recommendations to the county to improve the foster care system and ensure the safety of foster youth, including an annual study of abuse and mistreatment and a dedicated oversight board to investigate cases of abuse in foster homes. Currently, cases of abuse in the county's foster youth system are handled by a group of protective service workers and records clerks. Those workers coordinate with local law enforcement to investigate abuse and mistreatment allegations. The panel also recommended that the county study both current workloads for its social workers and overall turnover rates to improve recruitment and retention efforts. The study should also focus on how to increase interaction between social workers, foster youth and their foster families, according to the grand jury. 2740

SAN DIEGO (CNS) - A City Council committee Wednesday unanimously directed the City Attorney's office to draft an emergency declaration over a lack of shelter space, which has exacerbated a deadly outbreak of hepatitis A among San Diego's homeless population.A declaration regarding shelters is already in place. Councilman Chris Ward, who chairs the council's Select Committee on Homelessness, said a successor statement would be stronger and provide more benefits for the city.RELATED: San Diego adding 3 new homeless shelters, look to curb hepatitis A outbreak"Generally what this item is about is what we can do to potentially access additional funding with state or federal assistance ... what we can do to expedite permitting, reduce regulatory barriers and red tape -- so these facilities or other city-owned facilities can open up even faster -- and what can be done to expedite contracting with service providers and vendors."The City Attorney's office said an updated declaration would also provide legal protections to certain projects meant to alleviate homelessness, and allow for certain regulations -- such as building codes -- to be set aside if they hamper progress toward a solution.RELATED: San Diego Hepatitis A death toll, those sickened risesThe declaration, if later approved by the full City Council, comes amid an outbreak of hepatitis A, which has had a heavy impact on the homeless. County health officials said 421 people became ill and 16 have died.Councilman David Alvarez proposed the declaration nearly two weeks ago, calling for immediate action because of the fatalities. In response, the office of Mayor Kevin Faulconer said the declaration was unnecessary, since the city was taking steps to combat the illness.RELATED: San Diego to begin spraying down streets to control Hepatitis?A outbreakFaulconer and Ward announced before the meeting a plan to open three large tent shelters in San Diego.On Tuesday, the city began a pilot program to keep 14 public restrooms in Balboa Park open 24 hours a day. Under direction from county health, the city on Monday began washing down streets and sidewalks in the East Village with a bleach formula.RELATED: City and County of San Diego provide handwashing, vaccines to stop Hepatitis?A outbreakAround 40 hand-washing stations have been set up around the city -- concentrated in areas where the homeless congregate.In January's annual tally of the area's transient population, 5,619 homeless individuals were counted in the city of San Diego, a 10.3 percent increase from last year. Of those, 3,231 were living on the streets. 2629

SAN DIEGO (CNS) - A flash fire at the Ballast Point Brewing Company kitchen in Miramar sent one person to a hospital Saturday.Just after 9 a.m., firefighters were alerted to a kitchen fire at the brewpub, in the 9000 block of Carroll Way, San Diego Fire-Rescue Department spokesperson Monica Munoz said.A man in his 40s had to be taken to a hospital for burns, though they were not considered severe, Munoz said.No one else was injured.The brewery announced on social media that it will be closed all day Saturday and open for normal business hours Sunday.The San Diego County Department of Environmental Health will need to be called in to inspect fire safety equipment that was used by the restaurant before it can re-open, Munoz said. 745