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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

SAN DIEGO — Corinne Lam was in the middle of cutting a client's hair when her phone started blowing up.Governor Newsom had just announced that several businesses - including salons - had to cease indoor operations.“We're going back to square one. Do not pass go. Do not collect 0,” she said.Lam was especially frustrated because her client at the time had COPD, making her high risk for Covid-19. Yet she trusted Lam enough to still come to Rancho Bernardo’s Salotto Salon, which was reserved entirely for her.“And knowing that she feels as safe as she does here, it was otherwise maddening,” Lam said.Newsom announced the new round of shutdowns Monday - forcing gyms, salons, and malls to cease indoor operations in 30 counties - including San Diego.The order came after an increase in covid related hospitalizations, ICU beds, and positivity testing rates. It will last until the state’s Public Health Officer deems it safe to reopen.“It's incumbent upon all of us to recognize soberly that Covid-19 is not going away anytime soon,” Newsom said.The decision leaves Lam and other business owners wondering how they'll survive. Like her, many have already exhausted their Paycheck Protection Program funds that helped get them through the first shutdown.“It's like we're jumping into a pool with no water,” she said. “So who is going to supply the water? I don't know.”Lam may be able to move her haircuts outside, but it's complicated. Plus, the concrete's sweltering, especially with masks and gloves. 1514

SALEM, Idaho -- A neighbor who lives across the street from Chad Daybell is describing what he saw in the months after two children went missing. The remains of those children were discovered on Daybell's property.Family members confirmed the remains recovered by Rexburg police and the FBI belong to Joshua JJ Vallow and Tylee Ryan. JJ would have recently turned 8 years old, and Tylee was 17.Both disappeared at different times from Rexburg, Idaho, last September.Matthew Price said he's lived across the street from Chad Daybell, the entire time Chad and his family have lived in Idaho. He's been following the investigation into the missing children, and the suspicions that centered on his neighbor."We've been very concerned the whole time for JJ and Tylee," Matthew said.He watched out his windows and from his yard as law enforcement spent two days digging in Chad's yard, and searching the property.Matthew recognized the area where investigators brought in a backhoe to dig a deep hole, where it appears they recovered the children's remains.Now that he thinks back, he is remembering some incidents that stand out in that exact spot."We noticed they were having a few bonfires that were kind of out of the ordinary," he explained. "They had a big bonfire last fall, and they had two or three big bonfires this spring."Last fall, no one knew about the disappearance of JJ and Tylee. Matthew described that things seemed okay, aside from the bonfires, but that he did have one weird interaction with Chad.He said Chad and his late wife, Tammy Daybell, came over to his house to buy pumpkins."He was strange, he was different," Matthew described. "He didn't talk a lot, didn't make eye contact with us very much. Normally he would."Matthew said it was very out of character, but he figured Chad was having a bad day. He said Tammy died a week later.Eventually, Matthew learned about the search for JJ and Tylee, and the investigation into Chad Daybell and his new wife Lori Vallow Daybell, JJ and Tylee's mother.After Lori ended up in jail in nearby Madison County, Chad returned to his Salem home. Matt recalled that Chad kept to himself for the last couple of months, barely leaving the house.He said when Chad did leave the house, it was late at night.Tuesday morning at 7 a.m. Matthew was standing outside when he said he saw a convoy of law enforcement coming down the road to serve a search warrant. They surrounded the home, he said, and made all of Chad's adult children leave the house. Chad also left, but Matthew said Chad sat in his car for hours. Then suddenly, Matthew saw Chad try to leave."I saw his car take off down the road headed south towards Rexburg," Matthew said. "Just seconds later, the marked police cars had their lights and sirens, and floored it to go catch him."Now, Matthew's neighbor of several years is in jail, and police have made a devastating discovery right across the street from Matthew's home.Wednesday evening, police turned the home back over to the adult Daybell children. They were seen packing up and moving furniture out of the home, loading it onto a trailer and into truck beds. They quickly left.In all of this, what helps give Matthew peace of mind: "Just knowing there's closure for JJ and Tylee," he said.Next, the community is hoping for justice. 3317

SAN DIEGO (AP) — Wil Myers homered twice, including San Diego's seventh grand slam of the season, Austin Nola hit a three-run shot and Mike Clevinger was impressive in his home debut for the Padres, who routed the Colorado Rockies 14-5.The Padres, cruising toward their first postseason appearance since 2006, won their third straight and for the seventh time in nine games.Myers hit his slam in the five-run first inning and then homered leading off the seventh to match his single-game high of five RBIs.His 11th homer gave him his eighth career multi-homer game.Clevinger picked up his first win as a Padre, striking out eight in five innings of work. 662

SAN DIEGO (CNS) - A former executive for an Orange County genetics company pleaded guilty today to a federal conspiracy charge for paying kickbacks to physicians.Donald Joseph Matthews, 50, formerly the vice president of market development for Proove Biosciences, admitted in San Diego federal court to paying doctors at least .5 million to order the company's DNA tests for their patients, according to the U.S. Attorney's Office.In total, the U.S. Attorney's Office said Proove billed around million to the Medicare program for the tests -- which the company alleged could determine a patient's risk of drug addiction -- and received around million in reimbursements.Prosecutors said the company claimed the payments were compensation for participation in a clinical research program, but the money was actually "directly tied to the volume of tests that a doctor ordered and whether a doctor continued to order more tests from Proove over time.''In his plea agreement, Matthews admitted that without the financial compensation, ``most doctors were not interested in ordering Proove's tests for their patients.''Doctors who complained about not being paid were told to order more tests, according to the U.S. Attorney's Office.The company's Irvine headquarters was raided by federal authorities in 2017.``Our nation's healthcare system cannot tolerate kickbacks to physicians while criminals line their pockets with taxpayer-funded healthcare dollars, particularly in light of our nation's current struggles with the COVID- 19 pandemic,'' said Acting Special Agent in Charge Omer Meisel of the FBI's San Diego Division.Matthews is scheduled to be sentenced Oct. 26. He faces a maximum penalty of five years in prison and a 0,000 fine, according to the U.S. Attorney's Office. 1798