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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 (CNS) - A 38-year-old man was stabbed Wednesday morning after confronting a man he saw attempting to break into cars in a Rancho Bernardo parking lot, police said.It happened shortly before 2:10 a.m. near the intersection of Fairlie Road and Bernardo Center Drive, San Diego police Officer Robert Heims said.The 38-year-old man saw a man trying door handles of cars in a parking lot in the area and confronted him, Heims said.They got into an argument before the suspect ran away and the victim chased him, the officer said.The victim caught up to the man and they got into a fight, during which the victim was stabbed at least once, Heims said, adding that the man was taken to a hospital for treatment of non-life-threatening injuries.After the fight, the assailant was last seen running southbound on Bernardo Center Drive.The suspect was described as a 5-foot-10 white man who weighs between 140 and 160 pounds. He was last seen wearing a black hoodie and blue jeans. 989

SAN DIEGO (AP) — The U.S. Marine Corps says two Marines were shot during a live-fire training exercise at a Southern California base involving hundreds of troops.The military says both were airlifted Sunday from the Marine Corps Air Ground Combat Center at the Twentynine Palms base east of San Diego to an unnamed California hospital.2nd Lt. Samuel Banks says one Marine was later released and the other remains hospitalized in serious condition.He says the Marines are stationed at Twentynine Palms. The Marine Corps says in a press release that officials are investigating the circumstances of the accident.Banks says the military is not releasing any details at this time. 684

SAN DIEGO (AP) — The San Diego Padres are bringing some serious swagger and talent to their first postseason appearance in 14 years, against their old nemesis, the St. Louis Cardinals.Led by 21-year-old Fernando Tatis Jr., Manny Machado and Wil Myers, the Padres will host the St. Louis Cardinals in Game 1 of a best of three wild-card series on Wednesday.First pitch is set for 2:08 p.m., and the game will air on ESPN2.Says Tatis: "Man, we're good."The star shortstop was only 8 years old when the Friars last made the postseason in 2006. That season, San Diego won the National League West Division and faced the Cardinals in the Division Series.The Cards beat the Padres 3-1, and they eventually took home the World Series championship by defeating the Detroit Tigers.St. Louis will start left-hander Kwang Hyun Kim (3-0, 1.62 ERA), who pitched at Petco Park for Korea in the 2009 World Baseball Classic.San Diego will counter with right-hander Chris Paddack (4-5, 4.73), who has had a seesaw season.Numbers to know heading into the series:St. Louis Cardinals (30-28, second in the NL Central) vs. San Diego Padres (37-23, second in the NL West)The Padres are 21-11 on their home turf; the Cardinals have gone 16-15 away from home.REGULAR SEASON TOP PERFORMERS: Wil Myers leads the Padres with 31 extra base hits and is batting .288; Tyler O'Neill leads the Cardinals with seven home runs and has 19 RBIs.LAST 10 GAMES: Padres: 5-5, .215 batting average, 3.87 ERA, outscored opponents by three runs; Cardinals: 6-4, .209 batting average, 3.43 ERA, outscored opponents by two runs. 1592

SAN DIEGO (CNS) - A Baja California resident pleaded guilty today in San Diego to operating an unlicensed money transmitting business in connection with the sale of hundreds of thousands of dollars in Bitcoin to more than 1,000 customers throughout the United States from January 2015 to April 2016.According to his plea agreement, Jacob Burrell-Campos, 21, admitted to operating a Bitcoin exchange without registering with the Financial Crimes Enforcement Network of the U.S. Treasury Department, and without implementing the required anti-money laundering safeguards.Burrell advertised his business on Localbitcoins.com, and communicated with his customers through email and text messages, often using encrypted applications, according to the plea agreement.Burrell negotiated a commission of 5 percent above the prevailing exchange rate, and accepted cash in person, through nationwide ATMs, and through MoneyGram. Burrell admitted that he had no anti-money laundering or "know your customer" program, and performed no due diligence on the source of his customers' money, according to the U.S. Attorney's Office.The defendant initially purchased his supply of Bitcoin through a U.S.-based, regulated exchange, but his account was soon closed because of a large number of suspicious transactions. He then resorted to a cryptocurrency exchange in Hong Kong, where he purchased a total of .29 million in Bitcoin, in hundreds of separate transactions, between March 2015 and April 2017, according to federal prosecutors. Burrell also admitted that he exchanged his U.S. currency, which he kept in Mexico, with Joseph Castillo, a San Diego-based precious metals dealer.Between late 2016 and early 2018, Burrell and others imported more than million in U.S. currency on almost a daily basis. Burrell admitted that they did this in amounts slightly below the ,000 reporting requirement.Castillo pleaded guilty to making a false statement on his federal tax returns and will be sentenced in December.According to his plea agreement, Burrell agreed to forfeit more than 3,000 to the United States. He will be sentenced in February. 2154