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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 DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968

-SAN CLEMENTE ISLAND (CNS) - The remains of seven U.S. Marines and a Navy sailor were recovered Friday after going missing near San Clemente Island when their amphibious vehicle sank during a training mission last month.The remains were recovered during underwater salvage operations, the 1st Marine Expeditionary Force announced Friday evening. The remains will be transferred to Dover Air Force Base in Delaware to be prepared for burial."Our hearts and thoughts of the 15th Marine Expeditionary Unit are with the families of our recovered Marines and Sailor," said Col. Christopher Bronzi, commanding officer of the 15th Marine Expeditionary Unit. "We hope the successful recovery of our fallen warriors brings some measure of comfort."The U.S. military announced Tuesday it had located the amphibious assault vehicle that sank last week off the coast of San Diego County, killing nine young servicemen, and confirmed the presence of human remains where the vessel came to rest on the sea floor.The naval Undersea Rescue Command made the discovery near San Clemente Island on Monday using video systems remotely operated aboard the HOS Dominator, a merchant vessel whose crew specializes in undersea search and rescue.The amphibious troop-transport vehicle was en route to a waiting ship during a maritime training mission about 80 miles west of Encinitas when it foundered for unknown reasons about 5:45 p.m. July 30, according to Lt. Gen. Joseph Osterman, commanding general of I MEF.The 26-ton vessel went down roughly 1,600 yards from a beach on the northwest side of the island in water nearly 400 feet deep.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical status. One was upgraded to stable condition as of Sunday night.The other five rescued Marines received clean bills of health and returned to their units.Pronounced dead at the scene of the accident was Lance Cpl. Guillermo S. Perez of New Braunfels, Texas. Perez, 20, was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, I MEF and Makin Island Amphibious Ready Group searched in vain for nearly two days for more survivors or their bodies, finally concluding the operation Saturday after 40 hours of scanning some 1,325 square miles of water by sea and air.The other lost service members have been identified as:-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU;-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU;-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU; and-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEU. 3258

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 CLEMENTE ISLAND (CNS) - Gov. Gavin Newsom ordered that flags at the state Capitol be flown at half-staff Tuesday in honor of the eight Marines and one Navy sailor who died when an amphibious assault vehicle sank during a training mission last week near San Clemente Island."Jennifer and I were heartbroken to learn of the loss of nine service members in an accident off San Clemente Island," Newsom said in a statement. "It is a painful reminder of the sacrifice of members of our armed forces, who put their lives on the line for us. We stand united in mourning with their families and fellow Marines and sailors."The amphibious troop-transport vehicle was en route to a waiting ship about 80 miles off the coast of Encinitas about 5:45 p.m. last Thursday when it started taking on water for unknown reasons, according to Lt. Gen. Joseph Osterman, commanding general of 1st MEF.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical status. One was upgraded to stable condition as of Sunday night, Marine officials said.The other five rescued Marines received clean bills of health and returned to their units.Lance Cpl. Guillermo S. Perez of New Braunfels, Texas, was pronounced dead at the scene of the accident. Perez was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, 1st Marine Expeditionary Force and Makin Island Amphibious Ready Group worked for nearly two days to locate more survivors, but they concluded the search-and-rescue operation Saturday after 40 hours of searching across 1,324 square miles.The other eight lost service members were identified as:-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEUThe 26-ton amphibious vehicle went down more than 1,000 yards from a beach on the northwest side of the San Clemente Island in water several hundred feet deep.The deadly accident will be the subject of an exhaustive investigation, according to USMC officials. The Undersea Rescue Command will use an underwater drone to search for the missing victims' remains, with support from supply ship HOS Dominator, military officials said."Our thoughts and prayers have been, and will continue to be with our Marines' and sailor's families during this difficult time," said Col. Christopher Bronzi, commanding officer of the 15th MEU. "The steadfast dedication of the Marines, sailors and Coast Guardsmen to the persistent rescue effort was tremendous."In a prepared statement released Monday, U.S. Secretary of Defense Mark Esper said "(a) grateful nation and the Department of Defense grieves the tragic loss ... of these brave young men.""Their service, commitment and courage will always be remembered by the nation they served," Esper said. "While the incident remains under investigation, I want to assure our service members and their families that we are committed to gathering all the facts, understanding exactly how this incident occurred and preventing similar tragedies in the future."San Clemente Island, one of the eight in the Channel Islands archipelago, is owned by the U.S. Navy and lies within the boundaries of Los Angeles County. Its military uses are administered by Naval Base Coronado. 4036