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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO — Governor's Gavin Newsom's order on Monday shutting down indoor operations at San Diego County gyms, hair salons, and malls set off a mad scramble. Businesses able to move outside had to figure out how to make it work - in order to make it through.North Park's Last Real Gym on University Avenue is one of them. On Wednesday, owner Frank Koll and a few of his staffers moved equipment out onto Iowa Street. It was the only way to survive - because Koll exhausted all of his Paycheck Protection Program funds that got him through the first shutdown."Closed again is something physically, financially and mentally something I can't do, and I won't do, so I will be like a chameleon and adapt to anything that this governor throws my way," Koll said. The gym moved the equipment on the sidewalk and also has an interior outdoor space to utilize. By Wednesday just after 12 p.m., a half-dozen people were working out on the sidewalk, including Felicia Brown, a regular who drives all the way from Spring Valley. "I think it's just businesses being creative and saying - 'You know what? We can't afford another shutdown for two, three, four months,'" she said. The county says impacted businesses are able to operate outside or under well-ventilated tents. That rule, however, doesn't apply to salons due to state regulation, which says they can only cut hair inside. The city of San Diego has acted to give restaurants and retailers more leeway to expand into the street. The governor has not given a date for when his latest restrictions will lift. 1566

SALT LAKE CITY, Utah -- A woman was arrested after she allegedly threw a bag full of vomit at St. Mark's Hospital in Salt Lake City.West Valley police say Shaynell Pamela Payne, 25, entered the hospital's emergency room Tuesday night. After her arrival, Payne allegedly became argumentative and combative with the hospital staff.After Payne threw up in the emergency room, staff members handed her towels to clean up the vomit. When she threw up a second time in a bag, Payne reportedly became agitated when asked to calm down and threw the bag of vomit at a nurse.According to a police report, Payne attempted to leave the hospital after striking the nurse and assaulting other members of the medical staff.A police officer attempted to arrest Payne, who tried to grab the officer's hands and pull away. Payne was eventually pushed against a wall and put into handcuffs.Payne was charged with assault or threat of violence on health care providers, and interference with an arresting officer.This story was originally published by Jeff Tavss at KSTU. 1059

SAN DEIGO (KGTV) — At least two sailors who helped fight the fire aboard the USS Bonhomme Richard at Naval Base San Diego have tested positive for COVID-19.The two sailors tested positive after exhibiting symptoms, according to U.S. Navy spokeswoman Lt. Cmdr. Nicole Schwegman. It wasn't immediately clear how the two sailors may have contracted the virus.The exact condition of the two sailors was not provided.Contact tracing identified 27 people regarded as "close contacts" and they are now in quarantine.RELATED: Navy Admiral meets, thanks sailors who put out USS Bonhomme Richard fireThursday, Navy officials said all known fires had been extinguished aboard the vessel. The cause of the fire is still unknown at this time, and likely won't be discovered until the ship can be inspected fully.Hundreds of crew members helped in the firefighting effort for five days. On Friday, Navy Admiral Mike Gilday came to San Diego to see the damage and meet with the sailors and crews who had battled the blaze."The Navy continues to implement COVID-19 mitigations measures to protect the health of our force," Schwegman's statement added.RELATED COVERAGE:Smoke seen coming from USS Bonhomme Richard hours after fires declared outNavy officials say all known fires aboard USS Bonhomme Richard are out 1304

SAN DIEGO (CNS) - A 16-year-old boy suspected of stealing a vehicle and leading police in San Diego on a short pursuit was hospitalized Monday evening with a broken hip after being ejected or jumping from the vehicle and being run over before the Jeep struck a traffic signal pole.Officers received information about a 2019 Jeep Compass stolen from the 3800 block of Fairmount Avenue about 7:20 p.m. and spotted the vehicle speeding and attempted to stop it near 54th Street and University Avenue, according to Officer John Buttle of the San Diego Police Department.The driver fled southbound on 54th Street and ran red lights, prompting the pursuit to be terminated, Buttle said.The suspect continued southbound on 54th Street, crossed into the northbound lanes and crashed in the Chollas Creek area into a traffic signal, where he was either ejected or tried to get out of the Jeep before it stopped and was run over, pinning his arm under a tire, Buttle said.Firefighters freed the suspect from under the Jeep and he was taken to a hospital with a fractured hip.Two 16-year-old girls in the Jeep were taken to a hospital to be evaluated, Buttle said. 1161

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