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SAN DIEGO (AP) — A former U.S. Navy sailor who was attached to a U.S. Navy SEAL platoon says the 2019 deployment to Iraq was marred by drinking and sexual misconduct. Colleen Grace is the first to give an in-depth view of what led up to an entire SEAL platoon being withdrawn from Iraq following a Fourth of July barbecue and the alleged sexual assault of a sailor. Grace detailed what she witnessed that night and described other misconduct. Special Warfare Operator First Class Adel A. Enayat was charged with sexual assault. He denies any wrongdoing. The AP initially withheld his name because he filed a counter complaint saying the sailor raped him. The Naval Criminal Investigative Service said Friday it has closed that investigation because he did not cooperate. 778
SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc

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
Sad news, coconut water fans. Coca-Cola is stopping production of Zico, according to multiple reports. It’s part of ongoing efforts to slim down the company’s beverage offerings."This decision was not made lightly and comes at a time when we are focused on delivering on our consumers' wants and needs while driving scaled growth across a total beverage portfolio," a spokesperson said in a statement to CNN.Coca-Cola bought Zico in 2013, but it never seemed to catch on, according to media reports, like competitors have. Among them, Vita Coco has reported sales spiking during the pandemic. In March, some stores reported coconut water, touted as a hangover cure or post-workout recovery, flying off of shelves.Coca-Cola has nearly 500 brands around the world. This summer, they said they hope to cut that number by more than half.The company announced earlier this summer it would discontinue Odwalla smoothie drinks and other “zombie brands,” or those not showing growth.A spokesperson this week told media outlets other brands that are being reconsidered include Diet Coke Feisty Cherry, Coke Life and pulling Hubert’s Lemonade from retail stores. They are also looking at discontinuing regional soda brands like Northern Neck Ginger Ale and Delaware Punch, according to the Wall Street Journal. 1308
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
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