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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 DEIGO (KGTV)-- Millions of students from around the world skipped class and took to the streets to call attention to climate change. San Diego was one of more than 3,600 locations that held the global Climate Change Walkout. Hundreds of teenagers marched from San Diego High School in Downtown to the San Diego Civic Center, hoping to make an impact, three days before the United Nations Climate Change Summit. It's a fight against time. Time, they say, the planet does not have. "Climate change is the existential threat of our generation," Elea Castiglione said. The sophomore at San Deigo High School organized the walkout with her friends. She and hundreds of students hoped their actions would inspire world leaders to take aggressive steps to combat climate change. Point Loma High School senior, Kisi Apaak performed her spoken-word piece, "Madness," at the San Diego Civic Center rally. Being 17, she said she does not have an income, nor does she have the right to vote. She said spoken-word is her way to show Mother Nature that she cares."This is all I know how to do, is write and talk and get out and take action," Apaak said. Many said they were inspired by Greta Thunberg, the 16-year-old Swedish climate change activist, who has now become the face of the movement. Activists here said San Diegans should be more involved, considering our geography."I think that San Diego as a city needs to go carbon neutral, and we also need to be leaders as a coastal city in our protest for nationwide and global change," Castiglione said. Change, they hope to see in the world, before it's too late."I'll pray. Pray with my hands and my feet and my voice. I'll pray that you join me before we don't have a choice," Apaak said in her performance. Several area school districts, including San Diego Unified, passed resolutions to support the campaign. Most of the walkouts required some form of parental permission. 1930

SAN DIEGO (CNS) - A 69-year-old man was hospitalized this morning with a broken leg he sustained in a hit-and-run crash in the Teralta West neighborhood.The pedestrian was crossing northbound at the intersection of Orange and Central avenues at 10:15 p.m. Friday when a vehicle driving east on Orange Avenue turned north onto Central Avenue and struck the man, according to Officer Robert Heims of the San Diego Police Department.The vehicle backed up after the crash, then drove away west on Orange Avenue, Heims said.The victim sustained non-life-threatening injuries and was taken to a hospital, Heims said.The suspect vehicle was described as a light-colored, 4-door sedan, possibly a Pontiac G6 or similar vehicle. A description of the driver was not available. 774

SAN DIEGO (CNS) - A 33-year-old man was in custody this morning on suspicion of trying to carjack a man in the Talmadge area.The victim was driving in the area of Euclid Avenue and El Cajon Boulevard around 2 p.m. Friday when the suspect grabbed onto the victim's vehicle and was able to get the passenger door open, Officer Robert Heims of the San Diego Police Department said.The suspect, identified as Christopher Gomez, got inside and began hitting the victim and asking for the vehicle, Heims said.The victim drove to a parking lot and got Gomez out of the vehicle. Gomez was later arrested, according to Heims.It was unclear whether the driver sustained any injuries. 681

SAN DIEGO — (KGTV) -- The Del Mar Fairgrounds is weighing its legal options after the KAABOO Music announced that it would move to Petco Park in 2020, the venue's CEO told 10News.Fairgrounds chief executive Tim Fennell declined a formal interview, but pointed to language in the Fairgrounds' contract with KAABOO that blocks the festival from holding a similar event within a 75-mile radius the year it cancels the contract. KAABOO announced Sunday it would end its contract with the Fairgrounds for the 2020 concert and move to Petco Park downtown.RELATED: KAABOO under new ownership days after revealing move from Del MarThen this week, KAABOO announced its assets were sold to a new company, an affiliate of Virgin Fest.In a statement, a spokeswoman for KAABOO said the prior contract's terms do not apply."As reported, we acquired only the assets of KAABOO. Accordingly, all liabilities remained with the previous owners, so we are not aware of their obligations," she said. The music festival, rebranded KAABOO San Diego, is scheduled for Sept. 18 to 20, 2020 at Petco Park and surrounding parking lots. 1117