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SAN DIEGO — Democratic Congressman Mike Levin has opened a commanding 20-point lead over Republican challenger Brian Maryott in coastal North County's 49th district, according to a new scientific poll.The ABC-10News Union-Tribune poll shows Levin leading Maryott 56 percent to 36 percent, with the remainder undecided. It's an increase over the 49 percent to 37 percent lead Levin had over Maryott in a prior poll taken in mid-September. The district stretches from Del Mar into parts of southern Orange County."It's all over but the shouting," said political analyst John Dadian, who said the district has become increasingly democratic over the last 15 years. "It was getting bluer gradually, and now, the last election cycle and I believe this one, we're going to see the fruit come to bear."Levin won the 49th District seat in 2018 after Republican Darrell Issa decided not to seek re-election after nearly two decades. Issa is now running for Congress in east county's 50th District, which leans Republican. "We've seen a lot of the communities that have shifted to more in the democratic party since 2016 are these more suburban, well-educated communities like many of the communities in California's 49th," said Stephen Goggin, a lecturer in the political science department at San Diego State University. The poll of 514 likely voters shows Levin getting the support of 68 percent of independents, with Maryott, a San Juan Capistrano councilman, getting just 15 percent of them. Both are getting the bulk of their backing from their own parties. In an interview Tuesday, Levin said he was not taking anything for granted, and that the only poll that matters is the one on election day. "This is the home stretch of an election, all hands on deck, leave no stone unturned. That's the only way I know and that's what we're going to do over the next three weeks," Levin said. Maryott's campaign released a statement saying the race is much closer than what this poll shows. "We see it firsthand, on a daily basis: as more voters uncover Mike Levin’s extreme record, support for Brian Maryott increases significantly. We put our trust in the voters, not polls," the statement said. The SurveyUSA poll reports that 13 percent of respondents already voted, and 63 percent are 100 percent they will. It also shows Joe Biden defeating President Trump in the district, 56 percent to 39 percent. SurveyUSA surveyed 650 voting-age individuals from Oct. 8 to Oct. 12. 2472
SAN BERNARDINO, Calif. (AP) — Jurors have reached a verdict in the case of a Southern California man charged with killing a family of four and burying their bodies in the desert.The San Bernardino County District Attorney's Office said Friday that the verdict in the case against 62-year-old Charles "Chase" Merritt will be read in court Monday.Merritt is charged with killing his business associate Joseph McStay, McStay's wife, Summer, and the couple's 3- and 4-year-old sons.RELATED: Dramatic closing arguments in McStay family murder trialThe family vanished from their San Diego County home in 2010. Three years later, their bodies were found in shallow graves in the desert.Merritt was arrested in 2014. Prosecutors say Merritt killed McStay at a time when he was being cut out of McStay's water features business.Jurors began deliberations last week. 865

SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385
SAN BERNARDINO, Calif. (KGTV) -- Prosecutors said Monday that a California man killed his business partner and his family out of greed, according to the Associated Press. Prosecutor Sean Daugherty told jurors that Charles Ray Merritt wrote checks totaling more than ,000 on his partner’s QuickBooks account after the family disappeared. The comments came during opening statements in the trial for the alleged murders of Joseph McStay, Summer McStay and their three and four-year-old sons. Prosecutors also say that, while being questioned about the family’s disappearance just days after they went missing, Merritt kept referring to Joseph in the past tense.Outside the courtroom, defense attorney Rajan Maline said Merritt’s livelihood depended on McStay being alive. The McStays disappeared from their Fallbrook home in early February 2010. Days after they were last seen, the family’s SUV was found abandoned at a strip mall parking lot in San Ysidro.RELATED: Trial set to begin in McStay family murder caseIn 2013, the bodies of the family members were found in the Mojave Desert, near Victorville. Prosecutors said the family died from blunt-force trauma to their heads. Authorities found a sledgehammer, believed to be the murder weapon, in one of the graves.According to court documents, investigators believe Summer McStay may have been raped before she was killed. Merritt was arrested in connection with the killings in November 2014 after sufficient evidence linking him to the case, including DNA, was discovered.Authorities alleged Merritt killed the family members inside their home and then buried them in the desert. Merritt also tried to paint over the crime scene, according to authorities.During Monday’s opening statements, jurors in the San Bernardino County courtroom are expected to hear a tape of Merritt being questioned by investigators.Merritt, 61, has pleaded not guilty to charges of murder and is being held without bail.Prosecutors are seeking the death penalty in the case. 2017
SAN DIEGO (AP) — Marine Corps officials say the pilot of a fuel tanker showed impressive skills when he touched down safely in a remote area of California and prevented injuries among the seven other crew members after a mid-air collision with a fighter jet. A Marine Corps spokesman said Wednesday it's unclear what happened to cause the F-35B to collide with the KC-130J tanker near the town of Thermal in the late afternoon Tuesday. The jet pilot ejected successfully. The jet was refueling when the collision occurred. The tanker came in on its belly in a field."It was an impressive maneuver bringing it down safely by force," 1st Lt. Brett Vannier, a spokesman at Marine Corps Air Station Yuma, told the AP. "His skills kind of speak to itself just in the fact that everyone survived.""I think the KC-130 crew did a masterful job of airmanship to get that baby down," added aviation safety consultant and retired Marine Corps Col. Pete Field, a former director of the Naval Test Pilot School. 1006
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