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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

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 (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

SALT LAKE COUNTY, Utah – It’s been said that dogs are a man’s best friend. Jared Johnstun is lucky enough to have not one, but two furry sidekicks.“Yes, you’re good boys aren’t you?” Johnstun said to his two goldendoodles sitting beside him on the floor. “They’re a little tired today too.”Jared Johnston knows a thing or two about being worn out.“I’m a physician who works mainly in the intensive care unit,” Johnstun said. “I’m a pulmonary critical care doctor.”Since COVID hit, the doctor has been going non-stop.“You know, for 10 days or 12 days in a row, I’m in the hospital every day, some days I’m there for 12 hours,” Johnstun said.As a doctor, he’s seen it all but for him, the pandemic is different.“It was definitely a shock to me,” he said.About two months in, Dr. Johnstun, used to living alone, suddenly felt like something was wrong.“You know, I just realized that I wasn’t doing well,” he said.So, he made a move he never expected.“I’m a 40-year-old ICU doctor and I live with my parents,” he said with a chuckle.Johnstun now lives with his mom and dad near the hospital he works at.“I tried to do all this by myself initially and I just couldn’t do it,” Johnstun said.He’s not alone.“In medicine, there has been this long tradition of everything is fine and we got this,” said Dr. Amy Locke, the Chief Wellness Officer at the University of Utah Hospital.Doctors and nurses are facing challenges unlike many have ever seen in their career. That is why hospitals like the University of Utah are turning to wellness officers.“It’s kind of like counseling,” Locke said. “You know, checking in, making sure people are doing OK and that they’re able to access resources.”At the University of Utah’s resiliency center, their resources are being used more than ever.“Our interactions with people have more than doubled over the last six months,” Locke said.Doctors like Johnstun are applauding the efforts made by hospital groups throughout the country.“In general, the mental health of the physicians and nurses and all health care workers is something that really hasn’t been talked about.”He said talking to other health care workers on the COVID-19 front lines has been eye opening.“We’re talking about what is it going to look like in 10 years when you have a whole generation of doctors and nurses who have PTSD?” Johnstun said.As for Johnstun, he has found healing in being around family, practicing yoga, meditating and exercising.Even after all he has been through in the past eight months, he believes he’s exactly where he should be.“(Doctors) have found a calling and a purpose in fighting COVID and taking care of the people who have COVID,” he said. “I couldn’t imagine myself doing anything else. I wouldn’t want to do anything else.” 2766

SAN CLEMENTE, Calif. (KGTV) - Border Patrol agents arrested a teenager Tuesday on suspicion of smuggling heroin along Interstate 5 in San Clemente. The 19-year-old man was weaving in and out of lanes near Camino de Estrella about 3 a.m., agents said. He drove his 1997 Chevy pickup truck to a nearby gas station and agents followed to conduct a safety check. “During the encounter, the agents grew suspicious of the driver’s behavior and they decided to request for a K-9 team to respond. The K-9 alerted to the truck’s engine compartment,” agent Theron S. Francisco said in a news release. Agents said they found four packages of heroin inside the truck’s air intake box. The drugs weighed almost five pounds and had a street value of about 7,000. The driver, a U.S. citizen, faces felony drug smuggling charges. 824

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