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SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SALT LAKE CITY — A Halloween protest party scheduled for Saturday night near Salt Lake City has been canceled, with organizers claiming harassment and intimidation led to its downfall."The Protest on Halloween" party was promoted via social media by a group calling itself Utah Tonight. The party featured four DJs and a guarantee that attendees would not have their faces shown in photos.As recent as last week, the group said the party's purpose was to promote "mental health and to raise a voice against those who are using fear and misleading information to gain power and control in our lives. Life must go on. COVID-19 is real, but it shouldn't be the end of normalcy!”However, as COVID-19 cases continued to soar in Utah over recent weeks, the image of thousands partying up close no doubt became a Halloween nightmare to officials.Monday afternoon, the Utah Tonight group posted to its Instagram page that the party has been called off. Saying "thousands" had purchased tickets to the event, the organizers acknowledged the rise in cases may have played a role in the decision while also attacking government officials and the media."The Utah Tonight team has fought tirelessly to provide individuals with an evening of normalcy and enjoyment during this year of uncertainty." the post read. "...we must acknowledge that even following every known guideline to combat COVID-19 would be insufficient to some.""We find it both disheartening and concerning that some within our society have allowed fear to supplant basic rights of assembly, giving individuals within the media and some public servants the ability to control what we consider to be a 'pursuit of happiness.'"The cancellation post claims the group was forced to call off the party while other well-attended events like the state fair, rodeos, gyms and haunted houses are able to remain open."What should be a fair and impartial application of guidelines for all people has become an exercise of political rhetoric and fear-mongering." the group states.The group ends by accusing those in power, including the media, of harassing and intimidating people to shut down the event."It is our hope that you may not find your 'pursuit of happiness' on the unspoken list of restricted activities in the State of Utah."This article was written by Sydney Glenn for KSTU. 2340

SAN DIEGO — One of San Diego's biggest restaurant chains will reopen Friday, with plans to hire up to 250 new people by summer.Each of the Brigantine's 14 restaurants will begin hosting guests at the end of the week with spaced out tables, employee temperature checks and increased hand sanitizing stations, chief executive Mike Morton said in an interview Tuesday. Morton added that tables will be spaced out, but that outdoor event space at some locations will be converted to main dining to increase capacity. "It's a hard business when the economy is at full strength and there's not this silent enemy out there," he said. "Now it's just another element to deal with."The chain includes Brigantine, Miguel's Cocina, and Ketch Tap and Grill. Morton said the organization has been able to bring back most of its 1,100 furloughed workers, though some have declined because of unemployment boosts. He cautioned that decision as short sighted, given the tight job market that will persist after the extra benefits have gone away. Meanwhile, Brigantine is advertising 134 openings on its website at locations across the county. Additionally, Morton said Brigantine plans to hire as many as 250 additional for its Portside Pier complex, which is scheduled to open in July along the Embarcadero, on the site of the former Anthony's Fish Grotto. The facility will include three restaurants, two bars and a gelato and coffee shop. "We're always looking for good people," Morton said. "There might not be a spot available today but there might be three tomorrow."Brigantine closed its chain of restaurants two days after the governor's stay-at-home order went into effect in mid March. Morton said the restaurants tried to do take-out-only, but that it didn't make business sense at the time. 1794

SAN DIEGO — (KGTV) -- The Del Mar Fairgrounds is weighing its legal options after the KAABOO Music announced that it would move to Petco Park in 2020, the venue's CEO told 10News.Fairgrounds chief executive Tim Fennell declined a formal interview, but pointed to language in the Fairgrounds' contract with KAABOO that blocks the festival from holding a similar event within a 75-mile radius the year it cancels the contract. KAABOO announced Sunday it would end its contract with the Fairgrounds for the 2020 concert and move to Petco Park downtown.RELATED: KAABOO under new ownership days after revealing move from Del MarThen this week, KAABOO announced its assets were sold to a new company, an affiliate of Virgin Fest.In a statement, a spokeswoman for KAABOO said the prior contract's terms do not apply."As reported, we acquired only the assets of KAABOO. Accordingly, all liabilities remained with the previous owners, so we are not aware of their obligations," she said. The music festival, rebranded KAABOO San Diego, is scheduled for Sept. 18 to 20, 2020 at Petco Park and surrounding parking lots. 1117

SAN DIEGO (AP) — A federal judge has blocked U.S. Customs and Border Protection employees from conducting the initial screening for people seeking asylum. The ruling Monday has dealt a setback to one of the Trump administration’s efforts to rein in asylum. The government argued that designated CBP employees are trained comparably to asylum officers at U.S. Citizenship and Immigration Services, another agency within the Homeland Security Department. U.S. District Judge Richard J. Leon in Washington called that argument “poppycock!” The nationwide injunction will likely have little, if any, immediate impact because the government has effectively suspended asylum during the coronavirus pandemic. 709