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SAN DIEGO (CNS) - A 58-year-old man was killed this morning when his SUV crashed into a tree in Mira Mesa and he was thrown from the vehicle.The man was driving his white Cadillac SUV westbound in the No. 2 lane of Mira Mesa Boulevard at 1:10 a.m. After passing through the intersection at Camino Ruiz, he made an unsafe movement to the left, causing the SUV to jump the center island and strike a large pine tree, ejecting the driver, who died at the scene, according to Officer Robert Heims of the San Diego Police Department.It was unknown whether alcohol or drugs were factors in the crash, Heims said.The name of the victim was not disclosed. 655
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 former U.S. Navy sailor who was attached to a U.S. Navy SEAL platoon says the 2019 deployment to Iraq was marred by drinking and sexual misconduct. Colleen Grace is the first to give an in-depth view of what led up to an entire SEAL platoon being withdrawn from Iraq following a Fourth of July barbecue and the alleged sexual assault of a sailor. Grace detailed what she witnessed that night and described other misconduct. Special Warfare Operator First Class Adel A. Enayat was charged with sexual assault. He denies any wrongdoing. The AP initially withheld his name because he filed a counter complaint saying the sailor raped him. The Naval Criminal Investigative Service said Friday it has closed that investigation because he did not cooperate. 778
SAN DIEGO (AP) — A California tribe whose ancestral lands span across the U.S.-Mexico border is suing the Trump administration to block construction of a section of border wall that the Kumeyaay people say is desecrating sacred burial sites. The La Posta Band of Diegueno Mission Indians filed the lawsuit in federal court in San Diego on Tuesday seeking to temporarily halt construction of the wall until the tribe can protect its religious and cultural heritage. La Posta is one of 12 bands of the Kumeyaay people. The tribe wants its members to be able to monitor work and interrupt it to recover human remains and cultural items uncovered during construction. Federal officials did not immediately respond to a request for comment. 743
SAN DIEGO (AP) — Federal prosecutors and the defense attorneys of the wife of Republican U.S. Rep. Duncan Hunter want her sentencing tied to the misuse of campaign funds moved until after her husband's trial.The request was filed Tuesday in federal court in San Diego.Margaret Hunter pleaded guilty to one count of conspiracy. Prosecutors say she and the California lawmaker misspent 0,000 in campaign funds on everything from family trips to tequila shots.In her plea deal, Margaret Hunter agreed to testify against her husband. The California lawmaker has pleaded not guilty and called it a partisan witch hunt. He is running for re-election.His trial is scheduled for Jan. 22. Margaret Hunter wants her sentencing moved to April.RELATED:Federal judge changes start date for Duncan Hunter trialRepublican Party of San Diego County will not endorse a GOP candidate in 50th District raceHunter faces questions over campaign receiptsProsecutors: How Hunter misused campaign fundsMotion: Hunter spent campaign funds on "desire for intimacy"Judge allowing evidence of Hunter's alleged affairs at trialFormer staffer claims Hunter groped her at DC party in 2014 1168
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