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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 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SACRAMENTO, California (AP) — Impoverished towns in the shadow of Mount Shasta. Rustic Gold Rush cities in the Sierra Nevada foothills. High-dollar resort communities on the shores of Lake Tahoe. Ritzy Los Angeles County suburbs.They all could be the next Paradise.A McClatchy analysis reveals more than 350,000 Californians live in towns and cities that exist almost entirely within "very high fire hazard severity zones" — Cal Fire's designation for places highly vulnerable to devastating wildfires. These designations have proven eerily predictive about some of the state's most destructive wildfires in recent years, including the Camp Fire, the worst in state history.RELATED: Governor Gavin Newsom lays out plan for wildfire preventionNearly all of Paradise is colored in bright red on Cal Fire's map — practically the entire town was at severe risk before the Camp Fire raged through last November, burning the majority of homes in its path and killing 85 people.Malibu, where the Woolsey Fire burned more than 400 homes last year, also falls within very high hazard zones. As does the small Lake County town of Cobb, much of which was destroyed by the Valley Fire in 2015."There's a lot of Paradises out there," said Max Moritz, a fire specialist at UC Santa Barbara.RELATED: Wet winters no longer reduce wildfire risk in California, report claimsAll told, more than 2.7 million Californians live in very high fire hazard severity zones, from trailers off quiet dirt roads in the forest to mansions in the state's largest cities, according to the analysis, which is based on 2010 block-level census data. The California Department of Forestry and Fire Protection says its maps show places where wildfires are likely to be extreme due to factors including vegetation and topography.The maps aren't perfect in their ability to forecast where a fire will be destructive. For instance, the Coffey Park neighborhood of Santa Rosa isn't in a very high hazard zone, but powerful winds pushed the Tubbs Fire into that part of the city, largely leveling the neighborhood in October 2017.Coffey Park was built "with zero consideration for fire," said Chris Dicus, a forestry and fire expert at Cal Poly San Luis Obispo. "Fire was in the mountains — there was no consideration that fire would cross (Highway) 101."RELATED: Do it now: Clear out brush and create defensible spaceCal Fire is making new fire hazard maps — ready in a year or so — that will incorporate regional wind patterns and other climate factors. In the meantime, experts say the current maps, created about a decade ago, still provide an important guide to predict where wildfires could do the most damage, in the same way floodplain maps highlight areas that could be hit hardest during severe storms.The at-risk communities identified by McClatchy also should serve as a starting point for prioritizing how California should spend money on retrofits and other fire-safety programs, Moritz said.California's state-of-the-art building codes help protect homes from wildfire in the most vulnerable areas, experts say. But the codes only apply to new construction. A bill introduced by Assemblyman Jim Wood would provide cash to help Californians retrofit older homes."This will go a long way toward these different municipalities (in showing) that they deserve funding," Moritz said.McClatchy identified more than 75 towns and cities with populations over 1,000 where, like Paradise, at least 90 percent of residents live within the Cal Fire "very high fire hazard severity zones." 3555

SAN DIEGO (CNS) - A class-action lawsuit has been filed against Legoland and its parent company for allegedly not providing refunds after the Carlsbad theme park was closed to the public due to the COVID-19 pandemic.The suit was filed Monday in San Diego federal court on behalf of Los Angeles County resident Joyce Case against Merlin Entertainments Limited, which operates Legoland, Tussauds Hollywood, Tussauds San Francisco, the San Francisco Dungeon and Legoland Florida.The suit alleges Case purchased tickets to Legoland for a March 21 trip and ended up "one of the many consumers stuck with tickets to a canceled event who has been unable to obtain a refund," according to the complaint.Legoland representatives could not immediately be reached for comment.RELATED:San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopeningThe suit seeks refunds for all customers who paid for tickets, memberships and vacation packages that have since been canceled due to COVID- 19, and damages to compensate customers "for the loss of use of their money during a time when cash is at a premium for the many families targeted by Defendants that are struggling to get by."The complaint states that the terms and conditions of agreements to purchase tickets to Legoland and other Merlin Entertainments Parks hold that if events are canceled, refunds must be paid."Closing of these venues, and cancellation of these events, should have meant that ticketholders were promptly refunded their money -- money that in many cases was very much needed for other purposes," the complaint states. "But that did not happen for customers, who bought tickets, memberships, and vacation packages for Defendants' attractions. Instead, Defendants failed to honor and perform their duties, responsibilities, and obligations under their uniform standardized agreements with their customers, thereby breaching their contracts, but nonetheless pocketed their customers' money and converted it for their own use."A similar class-action lawsuit was filed against SeaWorld last month in San Diego federal court. In that suit, SeaWorld is accused of continuing to charge monthly membership fees to customers during the park's closure. 2329

SALT LAKE CITY — A pair of best friends who met while studying at Utah Valley University are taking a long, unique journey to deliver a message of peace.James Alan Thompson of Sandy and his friend Paul T. Chavez are walking across the United States.Their journey began on June 24 in San Francisco. They hope to complete the 3,000-mile journey in Washington, D.C., by December.They were inspired to make the trek after seeing civil unrest and protests erupt across the country.“What is it we can do to make an impact, instead of just complaining about what’s going on,” Thompson said. “Talk to people in person and talk to them about how they have received kindness in their lives."The friends hope that by connecting with individuals from all walks of life and from all over the country, they can show there is much more that unites people than divides.“It’s touching one life at a time, one day at a time,” Chavez said. “We are opening up a space for this conversation about peace.”“There are good people in this country. This country is not as divided as some think it is,” Thompson said.Thompson and Chavez are walking about 20 miles per day. They expect to pass through Utah sometime in August.“Once we reach Salt Lake City we will do a day of kindness where we bring people together. We are going to try to serve the homeless population,” Thompson said.“To me, it’s about making a ripple in a river or lake that potentially has the chance of causing a wave,” Chavez said.Those who would like to follow James and Paul or support their journey can do so by clicking here.This story was originally published by John Franchi on KSTU in Salt Lake City. 1660