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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 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 – Delegates at the California Democratic Party State Convention failed to endorse any candidates for U.S. Senate, governor and attorney general, denying Dianne Feinstein endorsement in her bid to stay seated in the U.S. Senate. The indecision sent shock through the party with 54 percent of the vote going to state Senate leader Kevin de Leon and 37 percent for Feinstein."The outcome of today's endorsement vote is an astounding rejection of politics as usual, and it boosts our campaign's momentum as we all stand shoulder to shoulder against a complacent status quo," de Leon said late Saturday in a prepared statement.Still, Feinstein holds a sizable lead over de Leon in statewide polls.Meanwhile, the gubernatorial vote was split between Lt. Governor Gavin Newsom. State Treasurer John Chiang, former state Superintendent Delaine Eastin and former Los Angeles Mayor Antonio Villaraigosa.The convention wraps up Sunday at the San Diego Convention Center with delegates expected to adopt the 2018 party platform. 1039

SAN DIEGO — Rep. Duncan Hunter (R-California) spoke Tuesday morning to a group of women who support him despite accusations that he and his wife misused campaign funds.“Women Volunteers in Politics” gathered for the speech at the Bali Hai restaurant on Shelter Island, near the district in southern California which Hunter represents. The event was booked months before Rep. Hunter’s indictment.Hunter spoke to Scripps station KGTV before the event.“Leave my wife out of it, leave my family out of it. It’s me they’re after anyway. They’re not after my wife; they want to take me down, that’s what they’re up to. So let’s get this in the arena and have this settled,” said Hunter.DUNCAN HUNTER INDICTMENT:Extramarital infidelity, excessive drinking discussed in 775

SAN DIEGO — Corinne Lam was in the middle of cutting a client's hair when her phone started blowing up.Governor Newsom had just announced that several businesses - including salons - had to cease indoor operations.“We're going back to square one. Do not pass go. Do not collect 0,” she said.Lam was especially frustrated because her client at the time had COPD, making her high risk for Covid-19. Yet she trusted Lam enough to still come to Rancho Bernardo’s Salotto Salon, which was reserved entirely for her.“And knowing that she feels as safe as she does here, it was otherwise maddening,” Lam said.Newsom announced the new round of shutdowns Monday - forcing gyms, salons, and malls to cease indoor operations in 30 counties - including San Diego.The order came after an increase in covid related hospitalizations, ICU beds, and positivity testing rates. It will last until the state’s Public Health Officer deems it safe to reopen.“It's incumbent upon all of us to recognize soberly that Covid-19 is not going away anytime soon,” Newsom said.The decision leaves Lam and other business owners wondering how they'll survive. Like her, many have already exhausted their Paycheck Protection Program funds that helped get them through the first shutdown.“It's like we're jumping into a pool with no water,” she said. “So who is going to supply the water? I don't know.”Lam may be able to move her haircuts outside, but it's complicated. Plus, the concrete's sweltering, especially with masks and gloves. 1514