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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 (AP) — A San Diego military court hearing has been postponed in the case of a Navy SEAL accused of killing an Islamic State prisoner in Iraq. The defense had been expected to seek dismissal of the case Wednesday but instead asked for a continuance, which the judge granted. 292

SAN DIEGO (CNS) - A former Navy police officer who engaged in sexual acts with a 14-year-old Oceanside girl after convincing her on social media to send him sexually explicit photos, was sentenced 20 years in federal prison Monday.Isaiah Smallwood Jackson of Vista was convicted last fall of sexual exploitation of a minor and enticement of a minor after he convinced the girl to send him nude photos, then meet for sex outside her home. He was 21 at the time and is now 23.Following his prison term, Jackson will be on supervised released for 10 years and will be required to register as a sex offender, which will preclude him from initiating contact with minors, loitering in places primarily frequented by minors, or using the Internet unless the device can be monitored by U.S. probation officers.RELATED: Jury convicts man of using social media to convince 14-year old to have sex with himProsecutors say Jackson met the girl on an app called "Spotafriend." Her online profile indicated she was 14 years old, yet when she asked Jackson if it was bad that she still wanted to "cuddle" with him, he told her, "Not at all, is it bad that I don't care about your age?" according to court documents.The two continued talking over text messages, during which he attempted to persuade her to meet up with him for sex, despite her stating she was nervous and unsure if they should meet.Jackson responded by telling her, "Please I'm dying to see you."When she said, "I know it's hard to say yes because I only known you for 2 days over the phone," Jackson responded, "Take a leap of faith?" according to court documents.Eventually, he went to the girl's home, where they engaged in sexual acts outside the house.After he left, the victim told her sister, who contacted police. Oceanside police officers arrested Jackson four days later. 1841

SALT LAKE CITY (AP) — Former Disney Channel actor Stoney Westmoreland has been charged with six felony counts after authorities said he tried to have sex with a 13-year-old boy.Prosecutors say the 48-year-old Westmoreland was on the dating app Grindr when he found a profile operated by a police detective in Salt Lake City, near the location of the show "Andi Mack."A message left with Westmoreland's agent, Mitchell Stubbs, was not immediately returned.Charging documents say Westmoreland was arrested Dec. 13 after he took a car to meet the boy so they could go back to his hotel room.Charges filed Friday include attempted exploitation of a minor and enticing a minor.Westmoreland has been dropped from his role as the grandfather of the teenage title character in the Disney show.Westmoreland's other acting credits include "Scandal" and "Breaking Bad." 866

SACRAMENTO, Calif. (KGTV) -- In a document detailing devastation that could swarm California by 2100, the State of California Monday released its fourth climate change assessment.Some of the details divulged in the report include two-thirds of Southern California beaches the state says could completely disappear. And if that’s not enough, wildfires could nearly double in size by 2100, according to the California Natural Resources Agency.In a quote on the report, Governor Jerry Brown took a swipe at President Trump saying, “In California, facts and science still matter,” seemingly referring to the Trump administration’s stance on environmental issues. Brown went on to label the finding an “apocalyptic threat” in a dramatic response to the assessment.The report isn’t all doom and gloom, however, and offers a glimmer of hope as to how the state hopes to respond to the threat.Since the release of the third climate change assessment in 2012, the Golden State has experienced several history-making natural events, which include a five-year drought, flooding and increasingly-destructive wildfires.The report suggests that the extreme events will only continue to worsen in the future. 1201