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SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715

SAN DIEGO (CNS) - As San Diego County awaits guidance on the effects of its removal from the state's coronavirus watchlist, public health officials reported 291 new COVID-19 cases and eight additional deaths Saturday, raising the region's totals to 36,203 cases and 660 deaths.Four women and four men died, officials said Saturday. Their ages ranged from mid-40s to mid-90s. All had underlying medical conditions.The county was officially removed from the state's monitoring list Tuesday, setting in motion a 14-day countdown that could see K-12 students back in the classroom as soon as Sept. 1, depending on the decisions of individual school districts.However, 27 schools -- mostly private, religious schools -- have been approved for in-person learning by the county.The schools include Calvary Christian Academy, Francis Parker School, Chabad Hebrew Academy, San Diego French American School, La Jolla Country Day School and others. They were among nearly 50 schools that applied for a waiver to the county's public health guideline regarding in-person teaching.Of the 8,824 tests reported Friday, 3% returned positive, bringing the 14-day rolling average to 3.6%, well below the state's 8% guideline. The 7- day rolling average of tests is 7,292 daily.Of the total positive cases in the county, 2,961 -- or 8.2% -- have required hospitalization since the pandemic began, and 728 -- or 2% -- were admitted to an intensive care unit.County health officials reported no new community outbreaks as of Friday, bringing the number of outbreaks in the past week to 17.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.County Supervisor Nathan Fletcher said he and other county officials were expecting to hear about the framework for reopening indoor businesses from the state next week."That doesn't mean we'll be able to open everything all at once," he said Wednesday. "We must be mindful. We don't want to undo the progress we've made so far."The county continued to make progress Saturday, with a case rate of 81.8 positive COVID-19 tests per 100,000 people, below the state's 100 per 100,000 guideline.The county will be placed back on the list should it be flagged for exceeding any one of six different metrics for three consecutive days. Those metrics are the case rate, the percentage of positive tests, the average number of tests a county is able to perform daily, changes in the number of hospitalized patients and the percentage of ventilators and intensive care beds available.On Monday, county-compiled data related to race and ethnicity on testing, staffing and geographic location will be made available for the first time. Previously, data on race had been broken down by deaths, hospitalizations and case numbers only.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.7% of all hospitalizations and 46% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.Dr. Wilma Wooten, the county's chief health officer, revealed a five-tiered testing priority protocol Wednesday that the county has been using. In the top two tiers were symptomatic people separated by risk factors, followed by two tiers of asymptomatic people and finally by a general public health surveillance tier. The county reassessed its testing priorities in mid-July.San Diego Mayor Kevin Faulconer announced Tuesday that the city would begin allowing gyms, fitness businesses and places of worship to operate in city parks beginning Monday."There is no city better than San Diego to take advantage of the fact that COVID-19 has a harder time spreading outdoors. Using parks as part of our pandemic relief response will help the mental health and physical health of thousands of San Diegans," Faulconer said. 3993

SAN DIEGO (CNS) - A suspect was detained by police Saturday in Thursday's fatal stabbing of a man in a Midway District strip mall.The stabbing was reported at around 8 a.m. Thanksgiving Day in the 3100 block of Sports Arena Boulevard, according to San Diego Police. The unidentified 55-year-old victim was taken to a hospital where he was pronounced dead, according to SDPD Lt. Matt Dobbs.At around 10 a.m. Saturday, police spotted a man matching the description of the suspect in the 4200 block of Cosoy Way, near Presidio Park.RELATED: Man stabbed to death in Midway District shopping centerPolice detained the man for further questioning, according to Officer Tony Martinez.Dobbs said the victim and suspect had "an altercation" outside a business, leading to the suspect stabbing the victim in the neck with an unknown weapon.The suspect was described as a white male between 20 and 40 years of age. He was last seen wearing a dark hooded sweatshirt, blue digital camouflage pants, a blue hospital mask and a backpack.Anyone with information regarding the stabbing was asked to call the SDPD Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1168

SAN DIEGO (CNS) - An ex-con pleaded not guilty to a murder charge today for allegedly stabbing another man in an apparently random attack in a public restroom along the Pacific Beach boardwalk, 16 days after being released from prison.Martin Alvarez, 33, is accused in the Aug. 16 slaying of 39-year-old Michael Wagley, who was found mortally wounded at about 7:30 p.m. on Aug. 16 in the lavatory at 700 Grand Avenue. The victim was taken to a hospital, where he was pronounced dead.Witnesses reported seeing a man fleeing on a bicycle following the stabbing, San Diego Police Department Lt. Andra Brown said.The lieutenant said Alvarez, who matched the suspect description, was detained in the area and later arrested on suspicion of murder.The alleged motive for the slaying was unclear, but a prosecutor said the victim had no connection to his attacker.Deputy District Attorney George Modlin called the stabbing a ``random act of murder'' in which Alvarez allegedly attacked the victim from behind, stabbing him in the neck. The prosecutor said Alvarez then threw Wagley to the ground and stabbed him several more times.Modlin said that following his release from prison, Alvarez failed to report to Post Release Community Supervision and committed the murder 16 days later.It was uncertain what crime Alvarez was serving time for, though the criminal complaint alleges he has prior San Diego County convictions for assault with a deadly weapon and robbery.In addition to murder, Alvarez faces allegations of using a knife in the slaying.He was being held without bail, but a bail review hearing was set for Friday. 1627

SAN DIEGO (CNS) - Health officials announced Tuesday that students at three high schools in San Diego County have tested positive for mumps and may have exposed others to the contagious virus in the last two weeks.One person at each of the campuses -- High Tech High School International, La Jolla High School and San Pasqual High School -- tested positive for the virus, according to the San Diego County Health and Human Services Agency, which did not specify whether the patients were students or staffers.Students and faculty at the three schools are being advised to be aware of possible mumps symptoms, which can include a fever, headache, earache and salivary gland inflammation.The exposures happened during normal school hours on Oct. 21-22 at High Tech High; Oct. 21-23, 25 and 28 at La Jolla High; and at San Pasqual High on Oct. 17-18 and 21-24.Symptoms can show between 12 and 25 days after exposure, according to the San Diego County Health and Human Services Agency."We are working closely with school officials to inform the school communities about the symptoms of mumps and vaccine recommendations," said Dr. Wilma Wooten, the county's public health officer. "Because there is no prevention after exposure for mumps, people should be watching for symptoms and make sure they have all the recommended doses of measles, mumps and rubella immunizations."County health officials have received reports of 47 mumps cases this year, the most in 25 years. Mumps cases statewide, nationwide and in Baja California are also outpacing the number of reported cases at this time last year.The viral disease is passed through coughing, sneezing or close contact. Severe complications are often rare but can include meningitis, permanent hearing loss, a decrease in fertility and fetal loss for pregnant women in their first trimester. Most mumps patients recover without incident.Health officials encouraged all residents to receive the measles-mumps- rubella vaccine to protect against developing the illnesses. The vaccine is recommended in two doses at 12 to 15 months old and at 4 to 6 years old. Residents can contact the county's immunization program at 866-358-2966 or at sdiz.org for more information on the vaccine. 2236