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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO (CNS) - A former U.S. Navy captain and two chief petty officers were indicted in San Diego Friday on charges they allegedly received cash bribes, lavish hotel suites and the services of prostitutes from a foreign defense contractor and allegedly reciprocated by using their influence within the Navy's Seventh Fleet to approve inflated invoices from the contractor.Retired U.S. Navy Capt. David Williams Haas, 50, faces charges of conspiracy to commit bribery, bribery and conspiracy to commit honest services fraud. He allegedly received at least 5,000 in bribes from defense contractor Leonard Francis, who plied him with parties at luxurious hotels, prostitutes, top-shelf booze and food, according to indictments handed down by a federal grand jury.RELATED: 783

SAN CLEMENTE, Calif. (KGTV) - Border Patrol agents arrested a teenager Tuesday on suspicion of smuggling heroin along Interstate 5 in San Clemente. The 19-year-old man was weaving in and out of lanes near Camino de Estrella about 3 a.m., agents said. He drove his 1997 Chevy pickup truck to a nearby gas station and agents followed to conduct a safety check. “During the encounter, the agents grew suspicious of the driver’s behavior and they decided to request for a K-9 team to respond. The K-9 alerted to the truck’s engine compartment,” agent Theron S. Francisco said in a news release. Agents said they found four packages of heroin inside the truck’s air intake box. The drugs weighed almost five pounds and had a street value of about 7,000. The driver, a U.S. citizen, faces felony drug smuggling charges. 824

SAN DIEGO (AP) — A Navy SEAL charged with killing a captive teenage militant in his care had told fellow troops that if they encountered a wounded enemy, he wanted medics to know how "to nurse him to death," a former comrade testified Wednesday.When a radio call announced an Islamic State prisoner was wounded on May 3, 2017, Special Operations Chief Edward Gallagher replied: "Don't touch him, he's all mine," Dylan Dille told jurors in a military courtroom.When Iraqi forces delivered the captive to a SEAL compound in Mosul, he was on the hood of a Humvee and fading in an out of consciousness with only a minor leg wound visible.Dille said he was not the grizzled warrior he expected."He looked about 12 years old," Dille said. "He had a wrist watch around his bicep. He was rail thin."Gallagher is charged with murder after prosecutors say he treated the boy's wounds and then stabbed him in the neck.He has pleaded not guilty to murder, attempted murder and other charges that could carry up to life in prison.Watch Gallagher's attorney's news conference:Gallagher's lawyers say he only provided medical care to the prisoner and that disgruntled SEALs made up the allegations because they didn't like his demanding leadership.Dille did not see what happened to the boy, who he acknowledged may have been as old as 15.But after returning to the house where they were staying, Dille said Gallagher confronted him and other senior enlisted men and said he knew they were upset with what happened."This was just an ISIS dirt bag," Dille said Gallagher told the group.Gallagher said the next time he did something similar, it would be out of their sight, Dille said.The testimony came on the second day of Gallagher's court-martial in a case that has drawn the attention of President Donald Trump and revealed a rare break in secrecy from those in the elite special forces.Defense lawyer Tim Parlatore questioned Dille about why he never confronted Gallagher or reported him to superiors until a year after they returned from deployment.Dille said the allegations were serious and he wanted to "be prepared for the angry mob to come knocking," referring to conservative news media and older SEALs who maintain their silence.Parlatore accused Dille of using a group text to coordinate other troops to report Gallagher to superiors. He asked Dille if he was concerned other SEALs would change their stories."My truth is watertight, Mr. Parlatore," Dille said.Dille also said that he believed Gallagher had fired at Iraqi civilians from a sniper's position several times, including an instance on Father's Day 2017 when an old man was shot by the Tigris River.Dille was also a sniper and was near Gallagher during the shootings but didn't see him pull the trigger.After hearing a gunshot coming from Gallagher's position and seeing the old man fall, Dille said he looked through his scope and saw the man bleeding through his white clothing. He said Gallagher then radioed that he thought he had missed the old man.Defense lawyer Marc Mukasey objected to the testimony, saying descriptions of the alleged shootings were "wildly vague."The judge allowed most of the testimony from Dille, who was a first class special warfare operator before he left the Navy last year.Gallagher, who served eight tours of duty and earned two Bronze Stars for valor, was in the courtroom in his dress whites. His wife and parents also attended.His family has lobbied intensely for his freedom, claiming he was being treated unfairly.Congressional Republicans took up his cause and prevailed on Trump to release Gallagher from the brig into better conditions in a military hospital. Trump also is reportedly considering a pardon for Gallagher, along with other service members accused of war crimes.A judge released Gallagher from custody last month after prosecutors violated his constitutional rights by tracking defense attorney emails in an effort to find who leaked court documents to a Navy Times reporter.___Melley reported from Los Angeles. 4036

SAN DIEGO (KGTV)- A spokesperson for the County of San Diego said over two days, they have received approximately 580 complaints of businesses and entities not following the proper restrictions under the purple tier.The county has already sent out dozens of cease and desists orders since Monday. That includes at least two churches, Foothills Christian Church and Awaken Church, but the warnings are not stopping some churches from shutting down indoor operations.Since the pandemic began, Awaken Church has received two cease and desist letters. Once in July for its Balboa Campus, and the latest on Monday for the Carlsbad location, but it appears the church has no intentions of shutting down indoor services.A statement posted on the church’s website said in part, “In keeping our First Amendment right, we will continue to minister to those who are the most affected by all the COVID-19 lockdowns. Specifically tending to those who are struggling with depression, anxiety, hopelessness, suicidal thoughts, and addiction.”Bishop Arthur Hodges is a Senior Pastor at South Bay Pentecostal Church. As bishop, he oversees more than 100 churches in Southern California, including 25 in San Diego County.“About 50 percent are electing to remain indoors for worship,” he said. “About 30 percent are outdoors, and 20 percent are online only.”Hodges has taken the fight to stay open to the U.S. Supreme Court once, and it about to again, hoping a ruling could benefit all houses of worship nationwide.“We are filing either today or tomorrow back in the Supreme Court to reopen churches and for our constitutional guarantees to be recognized,” he said. “We are hopeful for an expeditious ruling, and we think it’ll be favorable to churches, and that’ll affect churches not only in California but across the nation.”A county spokesperson said if a cease and desist order is ignored, the next step would be a closure order. After that, law enforcement is asked to get involved by giving citations with a thousand dollar fine for each violation; then the case goes to either the San Diego District Attorney or City Attorney.In a video posted to the Awaken Church website in August, two church pastors explained why they believe religious services are essential, explaining the risks to their congregants’ mental health.It’s something we’ve heard from other religious leaders, like the lead pastor of Skyline Church, Dr. Jeremy McGarity.“We can’t stand by and not help people,” said McGarity. “We realized we can protect the most vulnerable and have services at the same time. We saw the huge rate of suicide ideation that went through the roof.”Hodges said he understands the pandemic is serious and can be deadly.“One of my daughters is a nurse at a local San Diego hospital and works with COVID patients, and I have two very near and dear personal friends who have died of COVID, so we know this is real, but we need to keep things in balance and perspective,” said Hodges.He urges every house of worship to take the necessary precautions but believes churches can stay open and stay safe at the same time.“We have zero cases, zero cases in our local church as a result of being on the church campus,” he said. “Churches are absolutely essential.”ABC 10News reached out to both Awaken Church and Foothills Christian Church for comment but have not yet heard back. 3366