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SAN DIEGO — Democratic Congressman Mike Levin has opened a commanding 20-point lead over Republican challenger Brian Maryott in coastal North County's 49th district, according to a new scientific poll.The ABC-10News Union-Tribune poll shows Levin leading Maryott 56 percent to 36 percent, with the remainder undecided. It's an increase over the 49 percent to 37 percent lead Levin had over Maryott in a prior poll taken in mid-September. The district stretches from Del Mar into parts of southern Orange County."It's all over but the shouting," said political analyst John Dadian, who said the district has become increasingly democratic over the last 15 years. "It was getting bluer gradually, and now, the last election cycle and I believe this one, we're going to see the fruit come to bear."Levin won the 49th District seat in 2018 after Republican Darrell Issa decided not to seek re-election after nearly two decades. Issa is now running for Congress in east county's 50th District, which leans Republican. "We've seen a lot of the communities that have shifted to more in the democratic party since 2016 are these more suburban, well-educated communities like many of the communities in California's 49th," said Stephen Goggin, a lecturer in the political science department at San Diego State University. The poll of 514 likely voters shows Levin getting the support of 68 percent of independents, with Maryott, a San Juan Capistrano councilman, getting just 15 percent of them. Both are getting the bulk of their backing from their own parties. In an interview Tuesday, Levin said he was not taking anything for granted, and that the only poll that matters is the one on election day. "This is the home stretch of an election, all hands on deck, leave no stone unturned. That's the only way I know and that's what we're going to do over the next three weeks," Levin said. Maryott's campaign released a statement saying the race is much closer than what this poll shows. "We see it firsthand, on a daily basis: as more voters uncover Mike Levin’s extreme record, support for Brian Maryott increases significantly. We put our trust in the voters, not polls," the statement said. The SurveyUSA poll reports that 13 percent of respondents already voted, and 63 percent are 100 percent they will. It also shows Joe Biden defeating President Trump in the district, 56 percent to 39 percent. SurveyUSA surveyed 650 voting-age individuals from Oct. 8 to Oct. 12. 2472

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 — The twists and turns of the coronavirus related restrictions took a toll on Cycle OM in Little Italy.“You're open, you’re shut, you’re open, you’re shut,” founder Dana Pare says.This time, Pare decided to forego the opportunity to expand onto the sidewalk, unlike other gyms in San Diego. Instead, she permanently moved all of her classes onlineShe and her teachers deliver them live and on-demand via zoom."We want to adapt, move forward, stay healthy, get stronger, and this to me is the new way," Pare said.The move comes with costs and benefits.Pare reduced her space in Little Ital by half - keeping just enough to maintain a professional setting for her live workouts.She also reduced her staff from 15 to about five."That was a very, very difficult decision," Pare says.But Pare also cut her prices in half - money she'll need to market aggressively online.David Marino, co-founder of commercial real-estate firm Hughes Marino, says he's seeing an increase in companies trying to sublease out their office space - amid an overall drop in demand."Your competitive advantage was location, was that you had a physical space people could walk into and have a relationship with you and I think that's really what's under seige right now.Pare says she's now seeing participants from outside San Diego."We're flexible," she says, "we're yogis." 1364

SAN DIEGO — Three teenagers were taken into custody in three separate attempts to smuggle fentanyl across the U.S.-Mexico border, according to federal officials.U.S. Customs and Border Protection (CBP) said the incidents occurred on March 30 and 31 at the San Ysidro Port of Entry near San Diego, California.On Friday, CBP agents stopped a 17-year-old Mexican citizen. After noticing an "anomaly" on the teen's back, agents conducted a pat down and found two packages strapped to his back. The packages contained four pounds of fentanyl — a street value of 1,000.The next day, CBP agents stopped two more male teens within 10 minutes of each other: a 17-year-old and a 15-year-old. Both were found to have packages of fentanyl strapped to their backs. The two combined were carrying about nine pounds of drugs, a street value of more than 6,000.The teens in each case were arrested and turned over to Homeland Security Investigations. The all drugs were seized by CBP officers.According to Pete Flores, the director of Field Operations for Customs and Border Protection in San Diego, Fentanyl is 50 to 100 times more deadly than heroin."Please understand that no matter what you may be told, there are consequences for engaging in this type of activity, not to mention the dangers of working with transnational criminal organizations,” he said, 1383

SAN DIEGO (CNS) - A car struck and killed a pedestrian in Encanto, and the driver then fled the scene, police said today.The deadly crash occurred around 6:30 p.m. Saturday on Imperial Avenue near 66th Street.A woman tried to cross Imperial Avenue but did not stop for oncoming traffic in the westbound lanes, according to San Diego police Officer Robert Heims.RELATED: Man crashes into police car during chase in La MesaThe woman was struck and she died at the scene, Heims said. The driver involved in the crash failed to stop and instead drove west on Imperial Avenue, according to Heims.The car was described as possibly being a black, two-door vehicle. Police weren't immediately able to provide the victim's identity, but she is believed to have been between 35 and 40 years old.RELATED: Ex-boyfriend arrested in connection with fatal Fallbrook shootingTraffic detectives were investigating the case. 924