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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO (CNS) - A distraught man driving a van stolen in Sorrento Valley led San Diego police and the California Highway Patrol on a lengthy chase Thursday that ended in Riverside County, authorities said.San Diego Police Department Officer Scott Lockwood said the white van was stolen from the 9400 block of Scranton Road about 10:45 a.m.SDPD officers pursued the stolen vehicle through Mira Mesa, and the CHP took over the chase when the driver got onto northbound Interstate 15. The suspect, who's in his 50s, was apprehended just south of Weirick Road in Corona at 11:54 a.m., according to the CHP."The suspect was suicidal and inflicted harm to himself, possibly with a sharp-edged knife or razor," CHP Officer Javier Muniz said.Muniz said the unidentified suspect was transported by ambulance to Inland Valley Hospital for treatment. 849

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

SALT LAKE CITY, Utah — A Utah family that ordered free coronavirus masks through a state program say they were sent politically-charged face coverings featuring a handgun and a controversial slogan.Christine Passey-Spencer of Rose Park says she ordered the masks through a sate program, "A Mask for Every Utahn." Since April, the campaign has used federal COVID-19 money to purchase more than 2 million masks from local and international manufacturers to limit the spread of the virus."I was just shocked," Passey-Spencer said.The two masks feature an American flag with a handgun printed across the front. The face coverings also feature the slogan "Don't Tread on Me," written below a coiled rattlesnake."I think the thing that bothered me most is that I knew my tax dollars paid for this, and this is very politically-charged speech," Passey-Spencer said.The Gadsden Flag — the inspiration for the snake and "Don't Tread on Me" slogan — was first used in the Revolutionary War. But in recent years, the image has been co-opted by the Tea Party, anti-gun control activists and white supremacists. In 2016, it was deemed to have "racially-tinged" messaging in some contexts by the federal government. More recently, the image has been used by people believing COVID-19 health restrictions take away their constitutional rights."We hope this is an isolated incident; that we just missed these couple of masks," said Ben Hart, who oversees Utah's mask program for the Governor's Office of Economic Development.Hart admits about 100 of the "Don't Tread on Me" masks were included in a shipment last month. Hart says the staff deemed them "inappropriate" and attempted to set all of them aside."We will not be using taxpayer dollars to pay for these masks. We will be working with the manufacturer and ensuring we do not pay for them," Hart said.The governor's office replaced the masks for Passey-Spencer on Tuesday.This story was originally published by Hailey Higgins on KSTU in Salt Lake City, Utah. 2008

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 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." 4549