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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 — 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

SALT LAKE CITY, Utah – An officer with the Salt Lake City Police Department has been suspended after being accused of unnecessarily ordering a K-9 to attack a man who listened to commands from police.Additionally, Mayor Erin Mendenhall announced that the department is also suspending its use of K-9s to engage with suspects until the policies and practices of the program can be reviewed.Body camera footage from April 20 shows Jeffery Ryans getting attacked by a police K-9, even though Ryans was on his knees and had his hands in the air.The footage shows K-9 Tuco biting and tearing at Ryans' leg as another officer sat on top of Ryans and placed him in handcuffs.Mayor Mendenhall said she was disturbed by the content of the footage and concerned that the incident wasn't brought to the attention of senior police leadership before The Salt Lake Tribune published the video online Tuesday, nearly four months after the incident."We will conduct a thorough review of the breakdown in communication to ensure that it does not happen again. I am disturbed by what I saw in that video, frustrated by how the situation was handled, and am committed to working to ensure neither happen again," Mendenhall wrote on Twitter.Ryans ended up in the hospital before being booked into jail on a violation of protective order charge. He was released with conditions to follow. Now, nearly four months since the incident, Ryans' leg remains bandaged and he says the wound still hasn't healed. He explained he's gone through surgeries and racked up medical bills."I don't know why they had to use that type of force towards me," he said. "I was cooperating. I wasn't a threat to them."Ryans, a Black man, said police often treat Black people differently, and he wants people to see it happens in Utah too."It's very difficult not to see how race could play a factor here," said one of Ryans' attorneys, Gabriel K. White.He and Dan Garner are representing Ryans. They said they believe police violated Ryans' civil rights. They have filed a Notice of Claim with the Salt Lake City Police Department.If the city doesn't respond in 60 days, they said they will file a lawsuit."He wasn't running. He wasn't doing anything that would have the officers have used this type of force," Garner said. "And so, his biggest goal in this ... is to add to the conversation that we're having as a nation. That this can't happen again. We need to learn from this."On Wednesday afternoon, Salt Lake County District Attorney Sim Gill announced his office will screen the evidence for any criminal conduct.“I read the story yesterday in the paper like everyone else. What we witnessed was concerning enough to ask for all relevant material. We will be screening the evidence to see if any criminal conduct was committed," Gill said in a statement.The Salt Lake City Police Department responded with this statement Tuesday: 2900

SAN CLEMENTE, Calif. (KGTV) - Local activists are planning a protest Monday after multiple reports saying fans of San Clemente High School’s football team allegedly shouted racist slurs at students of San Diego’s Lincoln High School at a football game Friday night in Orange County.The NAACP San Diego said that multiple spectators from the home team heckled the Lincoln High players and cheer squad, repeatedly using racial slurs including the "n-word.""Furthermore, cheer squad members were racially harassed in restrooms, again including the 'n-word.' This harassment came not only from high-school-age youth, but also from adult fans,” Clovis Honoré, president of the NAACP San Diego Branch wrote in a letter to San Clemente High School and district officials. “We are shocked and disgusted that such blatant racism would occur in 2019 at an athletic contest for high school students,” said Honoré. Honoré called on San Clemente High School and the Capistrano Unified School District to institute a program of implicit bias training for athletics staff, provide an administration contact to each opposing team for any future incidents, and making an announcement on the public address system before all future games that “respect is to be shown to all visiting athletes.” Lincoln High officials said that "at least several students" were targeted by opposing fans shouting the racist slur.VIDEO REPORT: Man arrested for reportedly making racists threats against SDSU student“Our administration team is continuing to investigate the incident, and we are taking this very seriously,” Lincoln High Principal Stephanie Brown wrote on the school’s Facebook page. “Early information also seems to show our students responded to the racist taunts with the maturity and restraint we would expect. They reported it to school leaders, and together we are taking action.” Brown said Lincoln High Vice Principal Eric Brown would interview all students involved on Monday. “I am sorry to have to share such difficult news with you so early in the school year. We expect our students and staff to stand up against racism and hatred when they see it, and it’s up to us responsible adults in the community to do the same,” Brown said. VIDEO REPORT: Parents rally against bullying at Lincoln High SchoolSan Clemente High School officials provided 10News with a letter Principal Chris Carter sent to Lincoln High. “We are deeply concerned by the allegation that racist and offensive comments were directed towards your students and fans at the football game this past Friday. As the Principal of San Clemente High School, I work with my faculty, staff, students, families, and community to maintain the highest standards of respect for all individuals. We do not condone racist speech or actions at our school, and we unreservedly condemn hateful rhetoric that targets any person or group,” Carter wrote. Carter said the Orange County Sheriff’s department, administration, staff, and others who supervised the game would be part of the SCHS investigation. Any statements or questions will be addressed by Assistant Principal, Cameron Lovett, at cnlovett@capousd.org. The NAACP San Diego branch is considering further action, including requesting the suspension of San Clemente High School from the California Interscholastic Federation, Honoré said.Last year, the Lincoln High School Hornets won the 2018 CIF San Diego Division II football title in a win versus Mira Mesa, 23-3. The Southeast San Diego football team went on to play in the 2018 CIF State Football Division 3-AA Championship in the San Francisco Bay Area where they lost to Menlo-Atherton, 21-7.VIDEO REPORT: San Diego County football teams need funding to reach state tournamentThe Hornets are off this week and next play Mater Dei Catholic High School on the road in Chula Vista Sept. 27.Stay with 10News for updates to this developing story. 3905

SALTON CITY, Calif. (KGTV) - A 3.4-magnitude earthquake shook the Salton Sea region early Sunday.The quake hit just after 5:30 a.m. Sunday a little more than 8.5 miles southwest of Salton City, Calif., with a depth of about 6 miles, according to the United States Geological Survey.According to the website's "Did you feel it?" survey, the shake-up was felt as far away as Julian and El Cajon.RELATED: Is there such a thing as earthquake weather?There have been no reports of injuries or damages from Sunday's earthquake.Several smaller rattles under 1.0-magnitude within the Borrego Springs area were also recorded by the USGS.The Salton Sea area has traditionally been an area that experienced "earthquake swarms," or sequences of several quakes around the same area. 797