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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SACRAMENTO, Calif. (KGTV) — California will require people to wear face coverings in most indoor settings and outdoors when physical distancing isn't possible.Gov. Gavin Newsom had previously allowed counties to set their own requirements for facial coverings to slow the spread of the coronavirus. San Diego, Los Angeles, and San Francisco already have face-covering mandates in effect. "Simply put, we are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease," Newsom said. "California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands, and practicing physical distancing."RELATED: New UCSD study: Wearing masks significantly curbs spread of COVID-19California's cloth face covering mandate includes situations like:While outdoors in public spaces when maintaining a physical distance of six feet from persons who are not members of the same household or residence is not feasible.Inside of, or in line to enter, any indoor public space;Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;Engaged in work, whether at the workplace or performing work off-site, when:Interacting in-person with any member of the public;Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;Working in any space where food is prepared or packaged for sale or distribution to others;Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.RELATED: San Diego County exceeds community outbreak limit, forcing pause on reopeningsThe state's order exempts:Children under 2 years old; Individuals with medical, mental health or developmental disability that prevents wearing a face covering;Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence;Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling, or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others;Persons who are incarcerated. Prisons and jails, as part of their mitigation plans, will have specific guidance on the wearing of face coverings of masks for both inmates and staff.As of Wednesday, California reported 157,015 coronavirus cases and more than 5,200 deaths from the virus.RELATED: Some San Diegans push for end of San Diego County face mask requirement 3926

SAN DIEGO — The city of San Diego never waived permit repair fees for sidewalks, despite a January announcement from the mayor's office saying it would do so throughout 2020.A homeowner pays the fees, which total to just over ,000, when he or she elects to repair the sidewalk in front of their home. A spokeswoman for the mayor says, however, that the city had to delay the fee waiver program once the coronavirus outbreak hit. The city instead was forced to cut upwards of million from the general fund budget. "The City continues to prioritize sidewalk repair amid the uncertainty and budgetary impacts that COVID 19 has brought," city spokesman Anthony Santacroce said in a statement. "While COVID-related holds slowed repair down for a few months, we estimate another 10,000 locations will be repaired with concrete slicing this (fiscal year 2021) and we are off to a great start."The news release announcing the fee waiver, however, is still on the city's website.Marie St. George, a Mission Hills resident, saw that announcement and contacted the city. She wanted to spend upwards of ,500 to repair the crumbling sidewalk in front of her home. That sidewalk, laid down in 1922, is likely one of upwards of 81,000 backlogged locations the city has marked for repair."I actually am afraid now," St. George said. "People could trip. It's become sort of a hazard."The city has a program to split the construction cost with residents, as both the city and homeowners can be liable for the condition of the sidewalk. St. George, however, was willing to pay all of the cost because she wanted it done faster. However, when she called to get the permits, the city representative said she couldn't waive the fees. "I thought based on the mayor's announcement that it would be waived, so it was pretty shocking," she said. Councilman Mark Kersey, who heads the Active Transportation and Infrastructure Committee, which was moving the fee waiver program forward, said in a statement that he hopes this will be prioritized as money comes available. “Repairs on sidewalks are even more important in the pandemic since so many people depend on them every day," he said. "Programs like the fee waiver can keep residents moving safely and save valuable City dollars by preventing trip-and-fall lawsuits."The city says it also repaired or replaced more than 7,500 sidewalk locations last fiscal year. The mayor's spokeswoman says the hope is to get the fee waiver program to the full council by the end of the year. 2522

SAN DIEGO — Some parents are keeping their children out of school Tuesday to protest the San Diego Unified School District’s sex education curriculum.A group of parents say the district’s Sexual Health Education Program (SHEP) is too graphic and not age-appropriate for their students, and they are urging district officials to eliminate the program.The parents have taken their concerns to the district’s School Board, but they said board members refuse to replace the curriculum.District officials said students can opt out of the course, but parents want the images they consider graphic gone.Ashley Bever, a substitute teacher who is organizing the one-day protest, said she was surprised to see all of the materials student had access to.“I thought a 6th grade teacher did not write this. Where it did come from? Why is it so explicit? Why is it telling kids they have sexual rights apart from their parents?” Bever said.The group is scheduled to hold a rally at the district’s office in University Heights at 4 p.m., just before the School Board’s meeting. 1075

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom is proposing withholding gas tax funding for cities that don’t build enough housing. The proposal, released Monday, sets higher short-term housing goals that cities and counties would be required to meet. If housing goals aren’t met, “Local Streets and Roads funds may be withheld from any jurisdiction that does not have a compliant housing element and has not zoned and entitled for its updated annual housing goals.”RELATED: California lawmakers want 0 billion toward clean energy, would pay with gas tax fundsIf passed, the plan would withhold gas tax funding for road repairs beginning on July 1, 2023. “Our state’s affordability crisis is undermining the California Dream and the foundations of our economic well-being,” said Governor Newsom. “Families should be able to live near where they work. They shouldn’t live in constant fear of eviction or spend their whole paycheck to keep a roof overhead. That’s increasingly the case throughout California.”According to a news release, the proposal would provide 0 million in support and incentives to help plan and zone for increased housing goals. SB1 was signed into law by Governor Jerry Brown and increased the gas tax by 12 cents per gallon and registration fees by as much as 5. In November of 2018, an effort to repeal the gas tax increase, Proposition 6, failed to pass in a statewide vote. 1421