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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
SAN DIEGO (CNS) - A 19-year-old man was behind bars Friday on suspicion of fatally shooting an acquaintance at a San Ysidro motel.Customs officers who recognized Jonathan Orduno of Chula Vista from a be-on-the-lookout bulletin took him into custody at the San Ysidro Point of Entry on Thursday night in connection with the death last week of 22-year-old Adrian Torres-Garcia, according to San Diego police.A housekeeper found Torres-Garcia dead in a rented room at a motel in the 100 block of Calle Primera shortly before noon March 18, homicide Lt. Matt Dobbs said. The victim, a South Bay native with no known permanent address, died of at least one gunshot to his upper body.RELATED: San Diego police investigate death of man at San Ysidro motelDobbs declined to disclose a suspected motive for the shooting or release details on what led investigators to identify Orduno as the alleged killer. The lieutenant also would not say if the suspect was trying to leave the country or was re-entering the United States at the time of his arrest.Police have not recovered the gun that killed Torres-Garcia, Dobbs said.Orduno was booked into San Diego Central Jail on suspicion of first- degree murder. He was being held without bail pending arraignment, tentatively scheduled for April 6. 1292
SAN BERNARDINO (KGTV) -- Park View's Green Monsters sprayed the toasty San Bernardino sky with a barrage of home runs on their way to a convincing victory Sunday night in the first round of the Little League West Regional baseball tournament at Houghton Stadium.The Southern California squad from Chula Vista powered their way to a win with a grand slam and a pair of back-to-back jacks from their two biggest bats in their rout over the Northern California champion Tri-City Little League team out of Rocklin, Calif., 16-8.The opening round match up saw the Green Monsters fall behind early in the bottom of the first on a long ball when Tri-City's Nathan Erickson cracked a low drive off Kainoa Baptista that hooked over the 225 marker just inside the left field foul pole.After hitting Aiden Weissenberg-Frost on a pitch then allowing him to advance to second on a passed ball, Baptista gave up a single to Adam Van Der Kamp that brought in Weissenberg-Frost giving Northern California a 2-0 lead.Weissenberg-Frost, whose recent no-hitter helped put TCLL into the West Region tournament, continued his dominance on the mound Sunday night. The 5-foot-9, 170-pound right-hander relied on his searing 75 mph fastball to record his fourth and fifth strikeouts of the game in the second inning. According to announcers broadcasting the game on ESPN Plus, Weissenberg-Frost's fastball is equivalent to a mid-90s fastball in the Major Leagues.The Green Monsters struggled to locate Weissenberg-Frost's heat, but it was on his 40th pitch of the game in the second inning that saw PVLL get on the scoreboard.PVLL's Atticus Gates lined a 3-1 fastball over second base that got past center fielder Trajan Rogowski allowing Conner Alonzo to score from first base to narrow TCLL's lead, 2-1.Matthew Bjornstad took the mound for Baptista in the bottom of the second inning and turned in a commanding performance striking out all three TCLL batters he faced on 15 pitches.With Weissenberg-Frost still throwing 70 mph darts, Michael Rodriguez, a 5-foot-11, 160-pound right-hander, blasted a 1-2 fastball over left-center into a row of tents several feet behind the wall giving PVLL a 3-2 lead.TCLL's Tanner Dykstra came on to replace Weissenberg-Frost (59 pitches, 6Ks, 3 runs) only to face the Green Monster's cleanup hitter Jose Mendoza.Mendoza, a 6-foot, 193-pound center fielder, crushed Dykstra's first pitch into the souvenir shack beyond the right field wall. Rodriguez and Mendoza's back-to-back big flies put PVLL up 4-2.Weissenberg-Frost's night on the mound may have been finished, but his bat wasn't done. With two outs in the bottom of the third, the pitcher-slash-power hitter stopped Bjornstad's streak of five consecutive outs with a homer of his own. Weissenberg-Frost struck a moon shot over the scoreboard in the left field gallery to cut PVLL's lead, 4-3.PVLL would go on to race around the bases in the top of the fourth led by a second round of back-to-back homers from Rodriguez and Mendoza, giving the SoCal Champs an 8-3 lead.Northern California got help in the bottom of the 4th inning after Rodriguez, who took over pitching duties, walked in a couple of runs to make the score 9-5. But that's as close as TCLL would come to catching the Green Monsters. Rodriguez put the game out of reach with a towering grand slam over center field to put PVLL ahead for good.Park View will advance to play Nevada tomorrow at 4:30 p.m. at Houghton Stadium. The winner of this tournament will represent the West in the Little League World Series in Williamsport, PA. Rodriguez wrapped up his night at the plate with three home runs (grand slam, 2HRs) and eight RBIs. Mendoza finished with two homers and two RBIs. 3852
SAN DIEGO (CNS and KGTV) - A young man and woman who had been dating were found dead in the doorway of a home in the Lake Murray area of San Diego in what authorities said was a murder-suicide.Police received a call about 8 p.m. Tuesday of someone being shot in the 6300 block of Budlong Avenue.When officers arrived, they found 19-year-old Willow Singer and her ex-boyfriend 19-year-old Thomas Hayes with gunshot wounds to the upper body, according to Lt. Anthony Dupree of the San Diego Police Department. Both Singer and Hayes were pronounced dead at the scene.San Diego Police identified Hayes as the suspect and Singer as the victim.Anyone with information about this incident was asked to call the SDPD Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477. 785
SACRAMENTO, Calif. (KGTV) – The new year is right around the corner and with it comes a list of new laws going into effect on the roads. Some of the new California laws include gender identity on drivers licenses, new fees related to smog checks and rule changes for motorized scooters. The new laws take effect on January 1, 2019. Check out the list below for the new laws going into effect in 2019: Gender identity laws – The law allows people applying for a California drivers license or ID card to self-certify their chosen gender category of male, female or non-binary. Applicants who choose non-binary will receive an X in the gender category. Motorized Scooters – This law no longer requires helmets for riders who are at least 18-years-old on motorized scooters. It also prohibits people from operating the scooters on a highway with a speed limit over 25 miles per hour unless within a class IV or class II bikeway. Smog check changes and new abatement fees - The law expands smog check exemptions to vehicles that are up to eight model years old. During the additional two years, the vehicles will pay an annual smog abatement fee. Temporary license plate program – The law requires dealers to attach a temporary paper license plate on a vehicle at the time of sale unless the vehicle has a previously-issued license plate. The intent of the new law is to reduce the number of toll violations. Driving under the influence, ignition interlock device – From January 1, 2019 through January 1, 2026, the law mandates that repeat offenders for DUI and first DUI offenders whose violations result in injury to install an ignition interlock device for a period ranging between 12 and 48 months. Driving privilege for minors – The law repeals a juvenile court’s authority to suspend, restrict or delay the issuance of a drivers license of a habitual truant or ward of the state for up to one year. The law clarifies that any suspensions or delays reported prior to January 1, 2019, remain in effect.Unsafe, unsecured loads on vehicles – The law requires the DMV to include at least one question addressing laws on driving with an unsafe, unsecured load in at least 20 percent of the knowledge tests. The DMV is also reminding drivers of low-emission an transitional zero-emission vehicles that their green or white decals granting them access to HOV lanes expires January 1, 2019. Vehicles issued a green or white decal between January 1, 2017 and March 1, 2018 are eligible to apply for a red decal that grants them access to HOV lanes through January 1, 2022. The DMV plans to issue light purple decals in 2019 that will grant access to HOV lanes through January 1, 2023. Those eligible include drivers who haven’t applied for or received a consumer rebate pursuant to the Clean Vehicle Rebate Project, unless they meet annual income requirements. 2865