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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SALT LAKE CITY, Utah - Misinformation comes in many forms, but some can be harder to spot than others.Whether it's sharing a video clip or picture that doesn't tell the whole story, re-posting an article from a non-credible source, or commenting on a social media thread without reading the original post, chances are, most of us have been guilty of doing this at some point.Now, social media companies and the FBI are taking steps to prevent the spread of misinformation like this, especially when it comes to subjects like elections and COVID-19."We established a relationship with social media companies and other technology companies and maintain an open channel and ongoing dialogue with them to share threat information," said Casey Harrington, a supervisory special agent at the FBI's Salt Lake City Division.Here are a few tools that social media sites are making available to help you identify and prevent the spread of misinformation.Twitter is testing a prompt that comes up when you try to retweet an article that you haven't opened before.It will ask you if you would like to open it first.So far, they say they've found that people open articles 40 percent more often after seeing the prompt, and some people have chosen not to share it after opening the article."Make sure you’re getting your news from trustworthy sources, know the origin of your information, and seek out multiple sources so you’re making an informed judgment," said Harrington.Facebook is also doing its part by:Limiting the number of times you can forward a messageTelling you how old an article isSharing where the information is coming fromProviding links to trusted sources when information reviewed by fact-checkers is is found to be falseInstagram, which is now owned by Facebook, will also flag false information and provide an explanation as to why it's not accurate."They ultimately make the decision on the content and the users on their site," Harrington said. "I think the social media companies have recognized, based on past election cycles, what our adversaries and what cybercriminals are able to do, and have taken steps to try to counter that."The difficult thing about false information is it's hard to prosecute criminally."Fake news by itself is not illegal. The FBI cannot initiate an investigation based solely on speech protected by the first amendment. If a foreign adversary or if someone tied in with a foreign intelligence service is the one creating and pushing that information, that is something that we would take action on," said Harrington.So what can you do to prevent the spread of misinformation?Ask yourself these questions before posting or sharing something on social media:Has the story been reported somewhere else?Is it from a reliable source?Has the video or photo been taken out of context?If you're not sure, then there's a chance it's fake and it could do more harm than good if you share it.If you come across something that you think is false information, you can report it to the social media platform you found it on, which stops it from spreading further.This story was first reported by Jordan Hogan at KSTU in Salt Lake City, Utah. 3178

SACRAMENTO, Calif. (KGTV) — California will require people to wear face coverings in most indoor settings and outdoors when physical distancing isn't possible.Gov. Gavin Newsom had previously allowed counties to set their own requirements for facial coverings to slow the spread of the coronavirus. San Diego, Los Angeles, and San Francisco already have face-covering mandates in effect. "Simply put, we are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease," Newsom said. "California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands, and practicing physical distancing."RELATED: New UCSD study: Wearing masks significantly curbs spread of COVID-19California's cloth face covering mandate includes situations like:While outdoors in public spaces when maintaining a physical distance of six feet from persons who are not members of the same household or residence is not feasible.Inside of, or in line to enter, any indoor public space;Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;Engaged in work, whether at the workplace or performing work off-site, when:Interacting in-person with any member of the public;Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;Working in any space where food is prepared or packaged for sale or distribution to others;Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.RELATED: San Diego County exceeds community outbreak limit, forcing pause on reopeningsThe state's order exempts:Children under 2 years old; Individuals with medical, mental health or developmental disability that prevents wearing a face covering;Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence;Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling, or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others;Persons who are incarcerated. Prisons and jails, as part of their mitigation plans, will have specific guidance on the wearing of face coverings of masks for both inmates and staff.As of Wednesday, California reported 157,015 coronavirus cases and more than 5,200 deaths from the virus.RELATED: Some San Diegans push for end of San Diego County face mask requirement 3926

SACRAMENTO, Calif. (KGTV) — California’s Senate has approved a measure to increase the scrutiny of hunting licenses used in gun sales, prompted by last year’s fatal shooting at a Poway synagogue. Senate Bill 914, introduced by Democratic Sen. Anthony Portantino, would require gun stores and the state Department of Justice to both check the validity of hunting licenses during a waiting period after gun buyers purchase a weapon and before they pick it up. The bill will now head to the state Assembly.SB 914 comes after a 10News investigation uncovered that the 19-year-old shooting suspect bought the gun used in the attack at a shop in San Diego using an invalid hunting license. 10NEWS INVESTIGATIONS ON POWAY SHOOTING:New bill aims to correct error that allowed Poway suspect to buy gunQuestions about how the synagogue shooting suspect got the gunProcess to get a hunting license in CaliforniaThe suspect, 19 at the time of the shooting, used that invalid hunting license to claim an exemption to a state law that raised the minimum purchase age to 21.California's age limit law, a bill Portantino authored in 2018, kept the minimum purchase age at 18 for military, law enforcement, and those with valid state-issued hunting licenses."The system should have been better, and that's what we're coming to grips with," Portantino said in an interview with 10News reporter Jon Horn. "How do we make it better, so these things have protections so that it doesn't happen again?"The Associated Press contributed to this report. 1535

SAN DIEGO (CNS) - A 26-year-old motorcyclist was killed Saturday after losing control of his bike, hitting the center median curb and continuing across the lanes of Scripps Poway Parkway in the Miramar Ranch area, San Diego police said.The crash took place on the Scripps Poway Parkway, near 11800 Spruce Run Dr., at 1 a.m., SDPD Officer J. Buttle said.The motorcyclist riding a 2017 Yamaha was moving at a high rate of speed, and failed to negotiate the rightward bend in the road, Buttle said. The man ended up along the south curb line.He was pronounced dead at the scene, Buttle said. His name was withheld pending notification of next of kin.Anyone who witnessed the crash was asked to call the SDPD at either 619-531-2000 or 858-484-3154. Tipsters can also call Crime Stoppers at 888-580- 8477. 808

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