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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

SAN DIEGO (CNS) - A horse that fell into a ravine in Descanso and had to be rescued by county law enforcement and animal services personnel was recovering Tuesday.According to county officials, a woman was riding the horse along the Harvey Moor Trail when they slid down a slope into the ravine on Monday, prompting a response by the San Diego County Sheriff's Department, Cal Fire and county Animal Services. An equine veterinarian was also called in to help with the rescue.Ropes were used to right the horse, allowing the animal to walk out of the ravine on its own. The equestrian was unhurt in the fall and the horse the ravine on its own. The equestrian was unhurt in the fall and the horse suffered only minor scratches, according to county officials.``When people and animals are in need of assistance, the community will always come together to provide this assistance,'' said County Animal Services Director Daniel DeSousa. ``This was epitomized in this rescue of the horse with the various agencies working side-by-side to extricate the horse from its predicament.'' 1085

SAN BERNARDINO (KGTV) -- A man was seriously injured after falling 100 feet at Mount San Gorgonio Sunday afternoon.According to the San Bernardino Sheriff’s Department, 34-year-old Anthony Casteneda was hiking with friends near High Creek Trail when he lost his footing and fell approximately 100 feet.After the fall, Casteneda was unable to hike out of the area due to serious injuries he sustained during the fall. Deputies say Casteneda’s friends were able to call for help. The department had to use a rescue helicopter to hoist Casteneda from the heavily-forested ice-covered slope.In a release, deputies say Casteneda’s rescue was the second of the day Sunday. 684

SACRAMENTO, Calif. (KGTV) -- California will have the highest gas tax in the nation after an upcoming increase beginning July 1, according to figures by the Tax Foundation. Beginning July 1, California’s gas tax will increase by nearly six cents. Currently, the tax is 55.2 cents per gallon. When the additional tax kicks in, that figure will jump to more than 60 cents in taxes per gallon. Currently, the highest gas tax in the nation is in Pennsylvania at 58.7 cents. RELATED: Newsom proposes plan to withhold gas tax funds from cities that don't meet housing requirementsSB1 was signed into law by then Governor Jerry Brown in 2017 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."The test of American strength is whether we defeat this stupid repeal measure which is nothing more than a Republican stunt to get a few of their losers returned to Congress," Brown said of the repeal effort at a 2018 event.Those who support the taxes say they're estimated to generate billion over a decade. 1160

SAN DIEGO — A San Diego-based stem cell research institute believes its discovery may have saved the life of a COVID patient on death's doorstep.GIOSTAR infused a 53-year-old man in a coma with Mesenchymal stem-cells taken from an umbilical cord. Prior to that, all other treatments were failing. "He was having a stroke, he was under dialysis, liver function was declining," said Dr. Anand Srivastava, co-founder of GIOSTAR. "Nothing was working."The patient, whose identity is not being released due to privacy laws, had been in a coma in a New Jersey hospital. GIOSTAR got special clearance from the Food and Drug Administration to try the stem-cell treatment. Srivastava said the patient began to recover, gradually over three weeks. "Slowly, his renal and liver function came closer to normal," he said. "He came out from the intubation, and now he is talking."The family, in an interview with GIOSTAR, said they had lost all hope. Srivastava said this treatment could be key as society awaits a vaccine. GIOSTAR is planning to do a double-blind study to confirm its conclusions about its treatment. It says that study should take about three months. 1164

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