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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

SALEM, Ore. – Authorities responding to a hostage situation in Oregon found three people dead from gunshot wounds in an Oregon home Monday.The Marion County Sheriff’s Office said in a press release that its deputies responded to the hostage situation at a home in Salem at about 12:30 p.m. local time.At the home, Oregon State Police says deputies were able to establish communications with the suspect, 34-year-old Jose Jesus Lopez-Tinoco, in an attempt to resolve the situation peacefully.But upon hearing gunshots inside the home, officers forced their way inside in a rescue attempt. During the rescue, police say one deputy fired an undetermined number of shots.Inside the home, police say deputies located the body of Lopez-Tinoco with what appeared to be a self-inflicted gunshot wound. The officers also found a deceased 24-year-old, Diari Rocio -Bustos, and the body of an 11-year-old boy. Both suffered fatal gunshot wounds.A 13-year-old boy and a 43-year-old woman were also found alive in the home. The boy was unharmed, but the woman was seriously injured and was transported to a hospital.No law enforcement officers were injured and there’s no reason to believe there is any outstanding danger to the Salem community, officials say.The 2-year deputy who fired shots during the incident, Ricky Kittelson, has been placed on administrative leave, as is protocol.The investigation into the incident is being turned over to the Oregon State Police, concurrent with state policy regarding officer-involved shootings. 1534

SAN DIEGO (CNS) - A 29-year-old patron of seafood restaurant in Mira Mesa is grateful for his wallet Friday evening as it stopped a bullet fired from a passing vehicle.The shooting happened about 9:10 p.m. at the Crab Hut restaurant, 8280 Mira Mesa Blvd., according to Officer Robert Heims of the San Diego Police Department.Several rounds were fired and one of the bullets struck the man in the buttocks area, but his wallet stopped the bullet and he was not injured, Heims said.A description of the suspects or suspect vehicle was not immediately available. 567

Sam Clovis, President Donald Trump's nominee to be the Department of Agriculture's chief scientist, withdrew himself from consideration Thursday, the White House announced."We respect Mr. Clovis' decision to withdraw his nomination," White House press secretary Sarah Sanders said in a statement to pool reporters.Sources told CNN earlier Thursday that Clovis' nomination was imperiled over his connections to the ongoing Russia probe. The development is the latest sign that Justice Department special counsel Robert Mueller's probe into the Trump campaign and Russian collusion is impacting the day-to-day of Trump's administration, despite top White House aides -- including Trump himself -- claiming that the indictments of former top Trump campaign advisers Paul Manafort and Rick Gates had nothing to do with the administration or the campaign."The political climate inside Washington has made it impossible for me to receive balanced and fair consideration for this position," Clovis wrote in a letter addressed to Trump that was dated Tuesday. "The relentless assaults on you and your team seem to be a blood sport that only increases in intensity each day. As I am focused on your success and the success of this administration, I do not want to be a distraction or negative influence, particularly with so much important work left to do for the American people."Clovis, who was already serving as the senior White House adviser on the Agriculture Department, added that he will "continue to serve at the pleasure of you and the secretary of agriculture."Questions are swirling over Clovis' relationship with George Papadopoulos -- the Trump campaign foreign policy adviser who has admitted to making a false statement to the FBI regarding his interactions with foreign officials close to the Russian government -- and a trip Papadopoulos took during the election where he met with a Russian figure.The White House did not comment Wednesday night, and messages to Clovis' attorney regarding the latest developments in the Russia investigation were not returned.Asked Monday if Trump was "still comfortable" with Clovis serving in the administration, White House press secretary Sarah Sanders responded, "I'm not aware of any change that would be necessary."The Washington Post reported earlier this week that Clovis was one of the campaign officials referred to in court documents who Papadopoulos was emailing with. The FBI did not identify Clovis.In the wake of the Post's report, Clovis' attorney said that inside the campaign, Clovis always "vigorously" opposed any Russian trip for Trump or staff. The attorney, Victoria Toensing, said in a statement that if a volunteer made a foreign policy suggestion, as a "polite gentleman from Iowa (he) would have expressed courtesy and appreciation."She also said that Clovis would have had no authority to prohibit personal travel.Sen. Debbie Stabenow, the ranking Democrat on the Senate agriculture committee, said court records released this week raised more questions over Clovis' nomination."From early on, I have strongly opposed the nomination of Sam Clovis to be the chief scientist at USDA," she said in a statement. "The emerging information about his role in the Trump campaign's interactions with Russia raises serious concerns. As we consider his nomination, I will be looking into these facts, along with his questionable qualifications and long history of divisive and outrageous statements."Clovis, a former conservative radio talk show host in Iowa who was a frequent guest on CNN during the election, became an early supporter of Trump's two years ago. He quickly rose through the ranks of the campaign after Trump's strong finish in the Iowa caucuses, taking a national role in the organization as officials scrambled to build a campaign team.Clovis, a novice to national presidential campaigns, was supervising Papadopoulos and became a visible spokesman for Trump on CNN and other networks.A Republican official close to Clovis told CNN earlier Thursday that he remained loyal to Trump, adding that Clovis would not have fought the White House in backing away from his USDA nomination if asked."There's no way he would fight this or cause trouble for the White House," a Republican official and longtime associate of Clovis said.This story has been updated to reflect Clovis' withdrawal.The-CNN-Wire 4383

SAN DIEGO (AP) — Tony Gonsolin quieted San Diego’s bats for seven innings, Edwin Rios homered and the Los Angeles Dodgers won 3-1 to snap the Padres’ eight-game winning streak and regain a 2 ?-game lead in the NL West. The seven-time NL West champion Dodgers, being pushed by a Padres team that hasn’t been to the playoffs since winning the division in 2006, bounced back from a 7-2 loss in the opener of the series between the NL’s two best teams. The Padres, cruising toward a berth in the expanded playoffs, lost for just the third time in 15 games. 560