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SAN DIEGO (AP) — A Marine who worked jointly in Iraq with a decorated Navy SEAL accused of murder testified Thursday that the SEAL did not stab a teenage Islamic State prisoner in his care.Marine Staff Sergeant Georgio Kirylo said that he did not see stab wounds on the neck of the dead captive when he moved the body to position it for a so-called "trophy" photo.Kirylo took the stand in the San Diego court-martial of SEAL Chief Edward Gallagher, who is accused of fatally stabbing the adolescent militant in 2017. Gallagher, 40, has pleaded not guilty to murder and attempted murder.His statements followed testimony of an Iraqi general who said he was with the prisoner until he died, and that he did not see Gallagher stab him.Two SEALs previously testified that they saw Gallagher plunge a knife into the prisoner's neck. Kirylo said he was close with the SEALs who said they witnessed the stabbing, but he has since ended those friendships because the men are liars.Kirylo described Gallagher as an "old school" SEAL whose younger team members sometimes complained about his tactics.Kirylo said when he moved the captive a bandage came off the teen's neck and there were no stab wounds. He said some of the men in the platoon took turns taking photos with the body because they were excited that they had coordinated an air strike with Iraqi troops that had killed Islamic State fighters including the captive's commander."This was our unofficial war trophy," he said.Iraqi General Abbas al-Jubouri, whose forces were partnered with U.S. troops, testified that he handed over the wounded militant to SEALs to keep him alive for interrogation.The general was questioned June 3 and video of the testimony was shown to the jury on Thursday.The general said during defense questioning that he did not see Gallagher harm the captive in any way — and if he had, he would have spoken up."If he did any mistake with this kid, or if anyone had from the Navy SEALs, I would have stopped them," al-Jubouri said.Navy medics did their best to save the captive, he said.When he was shown photos of the dead militant with bandages around his neck and tubes in his chest, al-Jubouri said he'd never seen the images before.The general said the militant told him he was 17 years old.The trial resumed a day after officials said a SEAL who testified that it was he — not Gallagher — who killed the wounded prisoner may face perjury charges. The Navy said it is reviewing Corey Scott's statements following his stunning testimony last week.Witnesses had said they saw Gallagher stab a wounded Islamic State captive in the neck and shoot at two civilians during his 2017 tour in Iraq.Scott testified that he actually killed the captive by plugging his breathing tube. Scott said he thought the boy would survive Gallagher's stabbing and wanted to spare him being tortured by Iraqi forces.Prosecutors said Scott had never mentioned the asphyxiation in multiple conversations with them before the trial. Scott said they never asked him the cause of death.The defense has repeatedly argued that Gallagher was being framed by tainted or even false evidence.On Tuesday, the Navy's legal adviser to the commander overseeing the court-martial notified Scott's lawyer, Brian Ferguson, that Scott's testimony could be used against him if he lied.Capt. Donald King's email said Scott's testimony directly contradicted "previous official statements — thus exposing him to prosecution."Cmdr. Tam Lawrence, Naval Special Warfare spokesman, said Scott was granted immunity in exchange for the promise of truthful testimony.Scott's statements were being reviewed but "no decisions have been made," she said.Ferguson declined to comment.Gallagher's superior, Master Chief Petty Officer Brian Alazzawi, testified Tuesday that Gallagher and his platoon were considered "rock stars" after returning from the 2017 deployment to Iraq in which they aided Iraqi forces in ousting ISIS from Mosul.But he noticed some platoon members seemed dejected despite the praise.Alazzawi said Special Operator First Class Craig Miller told him in October 2017 that Gallagher had stabbed a prisoner on May 3 while deployed.Miller told Alazzawi that he was coming forward because Gallagher was being promoted and nominated for a Silver Star.Alazzawi said he trusted Miller and found the report credible. He told the troop commander but the alleged war crime wasn't reported outside SEAL Team 7 until January 2018 — when Alazzawi got word that several SEALs had planned to go as high as the Navy commodore because nothing was being done.Alazzawi did not explain why he and the troop commander had taken no action.___Weber reported from Los Angeles. 4704

SAN DIEGO (CNS) - A 41-year-old documented gang member was convicted Wednesday of murder and attempted murder in the shooting death of a career Navy man and the wounding of his cousin outside a comedy club at Horton Plaza.Jurors deliberated for nearly two days before finding Arrow Morris guilty of the two felony charges, in addition to sentence-enhancing allegations of using a firearm and three counts of being a felon in possession of a firearm, in connection with three guns investigators found during a search of his girlfriend's home.Morris, who is scheduled to be sentenced May 20, faces more than 80 years to life in prison for the killing of 43-year-old James Celani, who was struck in the head, neck and chest. His cousin was grazed in the leg.Deputy District Attorney Amy Maund said that on the night of June 10, 2017, following a violent confrontation with his girlfriend, Morris and his brother walked away from the club and encountered Celani and his cousin, who were walking past them in the opposite direction.Maund told jurors that either Celani or his cousin said "What's up?" to the Morris brothers as they walked past, to which Morris replied "Don't (expletive) talk to me," then began firing.The prosecutor said Morris, still in a rage over the confrontation with his girlfriend, took his anger out on Celani and his cousin, some of the first people he came across after leaving the club.The shooting happened to "a truly innocent, vulnerable victim," Maund said, "and it could have been anyone."Maund said several witnesses pointed to the shooter as a man wearing a red shirt, red hat and white jacket, which Morris can be seen wearing in surveillance footage from Horton Plaza and a 7-Eleven convenience store.Defense attorney Steward Dadmun contended that witnesses mistook his client for his brother, who, according to Dadmun, was the actual shooter. The whereabouts of Morris' brother was unclear."None of these witnesses passes the reasonable doubt test, not a single one of them," Dadmun told the jury.According to Dadmun, Morris had "no idea" his sibling was going to begin shooting, while Maund maintained that the altercation with his girlfriend left Morris enraged and prone to violence."The defendant was angry, the defendant had a gun and he wasn't backing down," the prosecutor said.Morris was arrested two days after the shooting during a traffic stop in Serra Mesa. 2411

SAN DIEGO (CNS & KGTV) -  Police believe a woman who crashed her car into a home in Talmadge  was intoxicated at the time.The crash happened about 2:30 p.m. Saturday at a home on Winona Avenue near Lucille Drive, according to San Diego police.A 23-year-old woman was driving her 2017 Honda on Winona Avenue at a high speed when she veered off the road and ran into the corner of a nearby home, according to San Diego Police Officer Robert Heims. The woman suffered serious head injuries and fractures to her right leg, and had to be taken to a hospital.No one in the home was injured.Police processed the driver for allegedly driving under the influence, Heims said.A building engineer was called in to assess structure damage, and the Red Cross helped with two residents displaced by the crash, San Diego Fire-Rescue spokesman Jose Ysea said. 880

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

SAN DIEGO (CNS) - A group of San Diego high school seniors will be honored with other students from throughout Southern California Friday at the second annual Pacific Islander High School Graduate Recognition Ceremony in San Bernardino.Long Beach, Inland Empire and other surrounding regions will participate in the event, which will include cultural celebrations like a Polynesian fireknife performance and a Maori warrior dance.Siaosi Veimau, who immigrated to the U.S. from Tonga at age 10, will serve as the ceremony's keynote speaker. Veimau currently runs a Pacific Islander cultural group with his wife and San Diego State University's Pacific Islander Student Association.``My vision for every student is to discover who they are and to be intentional about their dreams and passions,'' Veimau said. ``Our Pacific Islander roots keep us grounded. It's important to remember who you are, where you grew up and to give back to the next generation.''The ceremony will be held at the San Bernardino Valley College's Greek Theatre and is scheduled to begin at 6 p.m. Residents can visit pacificislandergrc.com for more information on the ceremony. 1158