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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

SAN DIEGO — The county has stepped up enforcement of its latest round of Coronavirus restrictions, which took effect Saturday.Nearly 20 organizations - bars, restaurants, yoga studios and churches - were served with cease and desist notifications for not following the purple tier, which mandated outdoor only service to help stop the spread of the coronavirus. At Reach Yoga in Pacific Beach, owner Alena Snedeker got a violation for holding socially distanced indoor yoga classes as late as Monday. She said she was aware it was no longer allowed, but was doing it as she transitioned to an outdoor location."With being open for two weeks, we can't turn the machine off," she said. "If we turn the machine off, we lose our business forever."Reach Yoga, which did not hold classes Tuesday, will rent outdoor space at the nearby Soledad Club, which it will have to share with a karate studio and church. "A yoga studio runs a lot differently than a bar or a restaurant or a church, so to have the same blanket over every single business. I don't feel that's right," Snedeker said. At The Landing Bar in El Cajon, owner Steven Fort also got a violation , as a group watched football indoors on Sunday."As long as they're not shutting me down, I'm complying," Fort said.Fort said he was confused over when the purple tier started, but is now fully outside.Meanwhile, in Pine Valley, Major's Diner continues to publicly defy the order - without a cease and desist order. A spokesman for the county says that's because the violations are complaint-based. He expects more to be added. 1588

SAN DIEGO — Democratic Congressman Mike Levin has opened a commanding 20-point lead over Republican challenger Brian Maryott in coastal North County's 49th district, according to a new scientific poll.The ABC-10News Union-Tribune poll shows Levin leading Maryott 56 percent to 36 percent, with the remainder undecided. It's an increase over the 49 percent to 37 percent lead Levin had over Maryott in a prior poll taken in mid-September. The district stretches from Del Mar into parts of southern Orange County."It's all over but the shouting," said political analyst John Dadian, who said the district has become increasingly democratic over the last 15 years. "It was getting bluer gradually, and now, the last election cycle and I believe this one, we're going to see the fruit come to bear."Levin won the 49th District seat in 2018 after Republican Darrell Issa decided not to seek re-election after nearly two decades. Issa is now running for Congress in east county's 50th District, which leans Republican. "We've seen a lot of the communities that have shifted to more in the democratic party since 2016 are these more suburban, well-educated communities like many of the communities in California's 49th," said Stephen Goggin, a lecturer in the political science department at San Diego State University. The poll of 514 likely voters shows Levin getting the support of 68 percent of independents, with Maryott, a San Juan Capistrano councilman, getting just 15 percent of them. Both are getting the bulk of their backing from their own parties. In an interview Tuesday, Levin said he was not taking anything for granted, and that the only poll that matters is the one on election day. "This is the home stretch of an election, all hands on deck, leave no stone unturned. That's the only way I know and that's what we're going to do over the next three weeks," Levin said. Maryott's campaign released a statement saying the race is much closer than what this poll shows. "We see it firsthand, on a daily basis: as more voters uncover Mike Levin’s extreme record, support for Brian Maryott increases significantly. We put our trust in the voters, not polls," the statement said. The SurveyUSA poll reports that 13 percent of respondents already voted, and 63 percent are 100 percent they will. It also shows Joe Biden defeating President Trump in the district, 56 percent to 39 percent. SurveyUSA surveyed 650 voting-age individuals from Oct. 8 to Oct. 12. 2472

The line is available Monday through Friday from 7 a.m. to 11 p.m., Saturdays from 7 a.m. to 3 p.m. and Sundays from 7 a.m. to 9 p.m. By the end of the year, the state expects that the call center will be available 24/7. In peer-run or peer-to-peer programs, someone who has personally gone through similar mental health challenges provides support to callers. “Too many Californians are struggling with mental health and emotional well-being challenges. Peer-to-peer support is a proven way of helping people stay healthy and get the help they need. The California Peer-Run Warm Line is an important resource for so many people, and I’m thrilled we were able to get it funded,” said State Senator Scott Wiener (D-San Francisco.)The line was made possible through the state budget allocation of .8 million, which will be spread over three years. The debut of the line comes days before Thursday's World Mental Health Day. 1245

SAN ANTONIO, Texas – The moment Ryan Houston-Dial stepped on The University of Texas at San Antonio campus, he felt at home.“This is where I want to be,” said Houston-Dial of the feeling he got when he visited the school.The university offered everything he wanted, but somehow, several semesters later, the psychology major was left feeling empty.His classes were the first place he felt alone.“Typically, I was the only African American male, so sometimes I feared tokenism, that I would have to be the speaker for a certain demographic,” he said.The feelings of worry and stress only grew with the racial unrest this year, and the pandemic.“My mental health was pretty low. When you have to be able to try to process a lot of these things that are going on in America, and still have to go to work or go to school and act like that did not happen, I feel like you lose a part of yourself.”But Ryan couldn’t accept that loss. He reached out to The Steve Fund: a nonprofit providing mental health resources specifically for students of color.He joined an advisory board there to help develop solutions for colleges to support students of color better, especially through the pandemic.Psychologists there also opened up conversations that helped him understand the emotional weight he was carrying inside himself.“Racial trauma is real, and college students are likely entering into college already with racial trauma in their systems,” said David Rivera with The Steve Fund. Rivera is also an Associate Professor at the Queens College of New York. “Racial trauma is inherited from our ancestors who had to endure very traumatic events, so we carry that with us.”We spoke with several psychologists to explore the conversation of healing racial trauma and where it comes from. We spoke with Dr. Theopia Jackson of the Association of Black Psychologists and the Chair for the Clinical Psychology degree program at Saybrook University and Winley K., a clinical psychologist who specializes in mental health care for young people of color.Below, Jackson discusses the roots of institutional racism in the U.S."We glorify our forefathers in the efficacy, that they were trying to move forward. But we have to critically think, they were limited by what they knew at that time. At that time, we might presume, that there's this assumption they were not aware of their cognitive dissonance, thinking one way and behaving another. We can't say everyone has unalienable rights while you're still taking people's lands, owning people, and even the ways in which we have thought about and treated women in general and children in general, when they were owned by their husbands, so that's the cognitive dissonance. So we have to critically look at that and see how do we recognize where there are still roots of this in our ways of being?" said Jackson.Winley K. said students come in for counseling often with racial trauma, and many don’t fully realize it.“People often come in and say, ‘I just don’t feel good, I don’t have motivation for stuff, but I’m not sure why I feel like this,’ but then they’ll tell me that two days ago, someone called them the N word or in the classroom they're the only person of color and they feel like they're under a microscope and whenever something race related is brought up, people look to them for the answer, but they’re still saying I don’t know why I feel bad I don’t know why it's hard for me to do things I don’t understand, so a lot of the work is helping them draw connections between those pieces."Houston-Dial realized he’d been living with that trauma for years.“I believe around 12 or 13 years old, it started with the Trayvon Martin case, and I remember sitting in my living room, and I just started crying. It hit a certain point to where I almost didn't even know why I was crying. And as I became older, I began to more realize I was crying because when I saw Trayvon Martin, I saw a reflection of myself that, being an innocent Black boy very well in his neighborhood minding his own business could very well lose his life,” said Houston-Dial.This pain can be lessened with time and support. But without that, racial trauma can have real consequences on a person’s health.“There is a wellness impact to experiencing microaggressions, and when they go unchecked, they can create anxiety, they can create depression symptoms such as sadness, such as fatigue,” said Rivera.These microaggressions can take many forms. It can be a subtle racist comment or a derogatory look.Below, Jackson discusses how consistent microaggressions can impact a person's healthAll are damaging. That’s why researchers say it’s more important than ever to get young people mental health resources, because 50% of life long mental illness start showing up by the time a person turns 14, and 75% of chronic mental illness will likely emerge by age 24.“The more that we can equip the young person in terms of helping them to understand the various dynamics they’re likely to endure in their life, such as microaggressions and racial trauma, the better off this young person will be in the end,” said David Rivera."There are those unseen or unrecognizable or small instances that can happen, and that is when we talk about microaggressions and people say, 'you speak really well' to a person of color, which is sort of a backhanded compliment." said Jackson. "The speaker may really have the intentions of giving a compliment, and the receiver may think it really was one, but within their spirit of some space, is what people may call the unconscious if you will, or the unknown parts of ourselves, these types of comments for the receiver can generate this idea of, 'wait a minute, why do I need to be complimented that I speak so well?' That has something to do with not being expected to speak so well particularly when our mainstream messages will in fact suggest that certain people from certain groups aren't supposed to speak very well," said Jackson. "We have science that suggests that exposure to consistent microaggressions can lead to physical challenges such as health care issues around diabetes and obesity and other things like that."Psychologists say improving the situation will not only start on the individual level by giving young people better tools to help improve their mental health, but it will also take conversations about dismantling the institutional racism that exists all around us, including here on college campuses.“The impact of institutionalized racism is pretty deep,” said Rivera. “Their systems, their procedures, their structures were created for a very few at the expense of many.”But, both Rivera and Houston-Dial believe this system can be rebuilt.“I believe right now, it's going to take empathy,” said Houston-Dial.More than that, it will take deep, honest conversations between all groups to come together, not grow further apart.“It’s gonna take those who are unaffected to be just as enraged as those who are affected on a daily basis, and from there we can start to have more honest conversations about what race is,” said Houston-Dial.With those conversations, this college student is hopeful change will come.But, Houston-Dial is already creating change working with The Steve Fund, and his on-campus publication The Paisano.He and a group of students, including Chevaughn Wellington, a medical student at Quinnipiac University, developed a report with ways to support youth of color, especially during the pandemic.The Steve Fund is also now reaching out to high school students to provide mental health resources and a safe place to open up about emotional racial trauma.On his own campus specifically, Houston-Dial and other students petitioned for more counselors to be available to students on campus, and the petition was successful. The university now has more options and mental health resources available for students.These successes have been a beacon of hope to Houston-Dial in spite of the obstacles this year placed in front of him.“I have a voice as an African American male in a society that very well may try to oppress me and put me down, but I can still be the icon to another African American male saying, ‘Hey it is okay to want to cry, it is okay to want to talk about certain things that are bothering you and that: we can do this together,’” said Houston-Dial.Because together, their plea for a better tomorrow cannot and will not be ignored.“We just want to be seen as your equal. That's all we want,” said Houston-Dial.Words that exist in a complicated reality, but a reality this student and his peers will not stop fighting for. 8634