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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161
SAN DIEGO (CNS) - A 52-year-old man was struck and gravely injured Sunday in a San Diego trailer park, and the motorist who hit him in a stolen Hummer was arrested.The incident began just after 11:10 a.m. when the San Diego police received a call from Chula Vista police who were involved in the pursuit of the stolen Hummer, SDPD Lt. Andra Brown said.The Hummer was snatched from a RoadOne impound yard in Chula Vista, SDPD Lt. Bryan Brecht told the media.The vehicle initially crashed at a gas station at 1400 Melrose Ave. in Chula Vista, but continued evading police south on Interstate 5, exiting into a trailer park at 1600 Palm Ave., Brown said.Officers tried to stop the driver but he sped away and hit the pedestrian, Brown said. It appeared the collision was intentional, Brown added.The 44-year-old driver was eventually taken into custody with help from a K-9 dog deployed to stop him, Brown said. The driver was taken to a hospital for treatment of minor injuries before being taken into custody. His name was not immediately available.The victim suffered severe trauma and was unresponsive when paramedics transported him to a hospital, Brown said.Because of the severity of the pedestrian's injuries, the case was being investigated by the SDPD's homicide unit, she said.Anyone with information on this crash was asked to call the homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1417
SAN DIEGO (AP) — The Trump administration and the American Civil Liberties Union on Thursday revealed widely divergent plans on how to reunite hundreds of immigrant children with parents who have been deported since the families were separated at the U.S.-Mexico border.President Donald Trump's administration puts the onus on the ACLU, asking that the organization use its "considerable resources" to find parents in their home countries, predominantly Guatemala, El Salvador and Honduras. The U.S. Justice Department said in a court filing that the State Department has begun talks with foreign governments on how the administration may be able to aid the effort.The ACLU, which sued on behalf of separated parents, called for the government to take "significant and prompt steps" to find the parents on its own."Plaintiffs have made clear that they will do whatever they can to help locate the deported parents, but emphasize that the government must bear the ultimate burden of finding the parents," the ACLU said in a filing, pinning blame for "the crisis" on the administration and arguing it has far more resources.A decision on how to bridge the differences falls to U.S. District Judge Dana Sabraw, who has ordered that more than 2,500 children be reunited with their families. He was scheduled to speak with both sides in a conference call Friday.As of Wednesday, 410 children whose parents were outside the country were in the custody of the U.S. Health and Human Services Department.The ACLU said it takes "a degree of detective work" to track down contact information for deported parents, some of whom may be hiding from persecutors.The group said the government provided home-country addresses in U.S. immigration databases with no useful information for about 120 parents. Other addresses had limited use — for example, some had "calle sin nombre" ("street without a name") or six addresses connected to one Honduran child, all in the Mexican city of San Luis Potosi.The proposals from both sides come a week after a court-imposed deadline to reunite more than 2,500 children who were separated from their families at the border.The administration also asks that the ACLU consult each deported parent to determine if they wish to waive their right to be reunified with their child, a scenario that may occur if the parent wants the child to remain in the U.S. The U.S. would work with foreign governments "to determine how best to complete reunifications."The ACLU proposes that parents who want their children sent back home be reunited within a week and that those who want to return to the U.S. to pick up their kids be permitted under humanitarian parole, with round-trip transportation paid for by the government.There are also differences about how to locate parents who were released in the U.S., but they appear less stark. The administration says it will meet with the ACLU to discuss what information it can provide, while the ACLU requests specific details — ranging from last known phone number and copies of birth certificates — as well as volunteers to help find the parents.The government said last week that it had returned all 1,800-plus children to parents and sponsors who were "eligible" for reunification. But it said more than 700 adults were not eligible because they were in their home countries, have been released from immigration custody, had red flags for criminal records or other reasons, chose not to be reunited, or were still being reviewed.On Wednesday, it said the number of reunified children neared 2,000 and nearly 600 remained separated, mostly because their parents.Sabraw ordered the government to submit written updates every Thursday, indicating he plans to keep a close watch on the still-separated families. Each update will be followed by a telephone call the next day with both sides.In late June, Sabraw set deadlines of July 10 to reunify dozens of children under 5 with their families and July 26 to reunify children 5 and older. 4003
SAN DIEGO (CNS) - A health executive and the mayor of Poway were clinging to narrow leads Wednesday in their bids to claim open seats on the San Diego County Board of Supervisors, while an incumbent was on the verge of being voted out.District 1 board members Greg Cox and District 2's Dianne Jacob are both termed out, meaning the board will have at least two new members.Cox, a Republican, has been in office since 1995, representing the district that includes National City, Chula Vista, Imperial Beach and Coronado, along with 19 communities within the city of San Diego, including Barrio Logan and Sunset Cliffs. It also features the unincorporated communities of Bonita, East Otay Mesa, Lincoln Acres and Sunnyside.Nora Vargas, a health executive, expanded on an early lead in the race to replace him, securing 54.6% of the vote to 45.4% for state Sen. Ben Hueso.Both Vargas and Hueso are Democrats.Hueso, a former San Diego City Council member, has represented Senate District 40 since 2013.Vargas is a vice president of Planned Parenthood of the Southwest and also serves on the Southwest Community College board.The District 2 race, meanwhile, had Poway Mayor Steve Vaus with a narrow 50.6% to 49.4% lead over fellow Republican and former state lawmaker Joel Anderson.The termed-out Jacob, also a Republican, joined the Board of Supervisors in 1993. The district is home to the cities of El Cajon, La Mesa, Lemon Grove, Poway and Santee; and the San Diego communities of Allied Gardens, College Area, Del Cerro, Grantville, Navajo, Rolando and San Carlos.It also covers East County's unincorporated communities of Alpine, Campo, Julian, Ramona, Rancho San Diego and Spring Valley. Anderson represented the East County in the Assembly from 2007 to 2009, and in the state Senate from 2010 to 2018.A Grammy-winning recording artist, Vaus first served on the Poway City Council before winning the 2014 mayoral race. His leadership during the deadly 2019 shooting at a Poway synagogue received national attention.In the District 3 race, challenger Terra Lawson-Remer -- a Democrat who served as a senior adviser in the Obama administration -- had 60% of the vote and appeared poised to defeat incumbent Kristin Gaspar, a Republican elected in 2016.The coastal/North County district includes a dozen neighborhoods within the city of San Diego, including Carmel Mountain Ranch, Mira Mesa and Rancho Penasquitos. It also includes the cities of Del Mar, Encinitas, Escondido and Solana Beach.A former Encinitas mayor and City Council member, Gaspar is also a small business owner.Lawson-Remer has never held public office, but was endorsed by Gov. Gavin Newsom, Rep. Scott Peters and county Supervisor Nathan Fletcher. 2726
SAN DIEGO — Todd Brown doesn’t hold back when he talks about the impact Coronavirus restrictions have made on his bottom line.“It’s been basically devastating to us,” he said.Brown owns multiple restaurants in San Diego - including Bub’s in Pacific Beach. This past Fourth of July weekend was not what he was hoping for.“With the holiday weekend, our numbers, they were tremendously disappointing,” Brown said.It's going to get worse before it gets better.That's because Brown is going to have to shut down his indoor service for three weeks,Along with a variety of other business owners in the county.The county made the Governor’s monitoring list for three days in a row, meaning restrictions are going into effect at restaurants, tasting rooms, breweries, entertainment centers, zoos, theaters and card rooms for the next three weeks.“I say we are going back instead of forward,” said Patrizia Branchi, who owns Operacaffe downtown.Branchi said business has really suffered during the pandemic - with sales down to 35 percent.These new restrictions still allow her to serve customers outside - but with social distancing rules, her patio only holds six people.“I don’t want to think about closing because to me that means my family is going to have a problem,” Branchi said. “I have me and my daughter, and the other partner, which is with us since ever. What do we do?"And to make matters more difficult, Brown and Branchi both say they have all but exhausted their Paycheck Protection Program funds - meaning they won't have any stimulus money to get them and their workers through this new round of closure. 1621