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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 (AP) — Tony Gonsolin quieted San Diego’s bats for seven innings, Edwin Rios homered and the Los Angeles Dodgers won 3-1 to snap the Padres’ eight-game winning streak and regain a 2 ?-game lead in the NL West. The seven-time NL West champion Dodgers, being pushed by a Padres team that hasn’t been to the playoffs since winning the division in 2006, bounced back from a 7-2 loss in the opener of the series between the NL’s two best teams. The Padres, cruising toward a berth in the expanded playoffs, lost for just the third time in 15 games. 560

SAN DIEGO (CNS) - A COVID-19 vaccine trial sponsored by drugmaker Johnson & Johnson is slated to get underway soon in San Diego, and will include an estimated 2,000 participants at UC San Diego Health, it was announced Thursday.Up to 60,000 participants will be recruited from 10 different countries around the world as the San Diego portion of the trial, dubbed ENSEMBLE, gets underway Oct. 7, according to UCSD.The efficacy, safety and immunogenicity of the drug Ad.26-COV2.S will be tested via a randomized, double-blind, placebo-controlled study, in which half of the participants receive a single-dose injection of the vaccine and the other half receive a placebo. All participants -- who must be 18 years of age or older and in reasonably good health -- will be monitored for signs of infection and COVID-19 over the next two years, according to UCSD.Researchers are particularly interested in recruiting participants at increased risk of SARS-CoV-2 infection due to where they live, their age or personal circumstances, such as working in essential jobs like first responders, health care, maintenance, construction, grocery stores or assisted living facilities.The San Diego trial will also emphasize participation from the region's underserved communities, as communities of color have shown higher rates of COVID-19-related hospitalization and/or death.UCSD cited data from the county showing measurably higher infection rates in the South Bay, including in Chula Vista, Imperial Beach and National City.Susan Little, professor of medicine at UC San Diego School of Medicine and principal investigator of the UC San Diego trial, said, "Many communities of color are experiencing higher rates of hospitalization related to COVID-19 than are observed in white, non-Hispanic people. It is important that these communities are represented in COVID-19 vaccine clinical trials so that we understand if the vaccine will work well within these groups."For more information about participating in the trial at UC San Diego, go to www.covidvaccinesd.com or call 619-742-0433. 2087

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523

SAN DIEGO — An aging shopping center right across from one of San Diego's most luxurious could be in for a major revitalization project.The 31-year-old Costa Verde shopping center is right across from the modern Westfield UTC. The center, at the corner of Genesee and Nobel, serves the community with grocery stores, places to eat, exercise, and get gas and dry cleaning. However, it has several vacancies and there are always empty parking spaces. Now, it appears to be in for a major overhaul that would help it fit right in with Westfield UTC. Owner Regency Centers is moving toward tearing down the entire mall, except for the McDonalds and gas station/car wash on the southwest end. It would then rebuild the retail portion, with the same community serving stores. But, this time, it would add a 200-room business hotel, and 400,000 square-feet of biotech office space, partnering with Alexandria Real Estate."The neighborhood is the most dynamic neighborhood, not only in San Diego County, not only in Southern California, not even on the west coast," said John Murphy, who is leading the project for Regency Centers. "It is one of the most dynamic pieces of property in the country."The San Diego Planning Commission unanimously recommended the project for approval Thursday. It will next go before the City Council, likely in October. If all goes as planned, ground could break in 2021, with the retail portion ready by the holidays of 2023. 1458