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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 CLEMENTE ISLAND (CNS) - Gov. Gavin Newsom ordered that flags at the state Capitol be flown at half-staff Tuesday in honor of the eight Marines and one Navy sailor who died when an amphibious assault vehicle sank during a training mission last week near San Clemente Island."Jennifer and I were heartbroken to learn of the loss of nine service members in an accident off San Clemente Island," Newsom said in a statement. "It is a painful reminder of the sacrifice of members of our armed forces, who put their lives on the line for us. We stand united in mourning with their families and fellow Marines and sailors."The amphibious troop-transport vehicle was en route to a waiting ship about 80 miles off the coast of Encinitas about 5:45 p.m. last Thursday when it started taking on water for unknown reasons, according to Lt. Gen. Joseph Osterman, commanding general of 1st MEF.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical status. One was upgraded to stable condition as of Sunday night, Marine officials said.The other five rescued Marines received clean bills of health and returned to their units.Lance Cpl. Guillermo S. Perez of New Braunfels, Texas, was pronounced dead at the scene of the accident. Perez was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, 1st Marine Expeditionary Force and Makin Island Amphibious Ready Group worked for nearly two days to locate more survivors, but they concluded the search-and-rescue operation Saturday after 40 hours of searching across 1,324 square miles.The other eight lost service members were identified as:-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEUThe 26-ton amphibious vehicle went down more than 1,000 yards from a beach on the northwest side of the San Clemente Island in water several hundred feet deep.The deadly accident will be the subject of an exhaustive investigation, according to USMC officials. The Undersea Rescue Command will use an underwater drone to search for the missing victims' remains, with support from supply ship HOS Dominator, military officials said."Our thoughts and prayers have been, and will continue to be with our Marines' and sailor's families during this difficult time," said Col. Christopher Bronzi, commanding officer of the 15th MEU. "The steadfast dedication of the Marines, sailors and Coast Guardsmen to the persistent rescue effort was tremendous."In a prepared statement released Monday, U.S. Secretary of Defense Mark Esper said "(a) grateful nation and the Department of Defense grieves the tragic loss ... of these brave young men.""Their service, commitment and courage will always be remembered by the nation they served," Esper said. "While the incident remains under investigation, I want to assure our service members and their families that we are committed to gathering all the facts, understanding exactly how this incident occurred and preventing similar tragedies in the future."San Clemente Island, one of the eight in the Channel Islands archipelago, is owned by the U.S. Navy and lies within the boundaries of Los Angeles County. Its military uses are administered by Naval Base Coronado. 4036

Sales of existing homes are up nearly 21 percent over a year ago, September sales were about 9.4 percent higher than just the month before.The National Association of Realtors says there were more than 6.5 million sales of single-family homes, townhomes, condominiums and co-ops in the month of September. The median price for these sales was 1,800. The monthly median sale price has increased for 103 months in a row, according to the NAR.There were 5.4 million sales of existing homes in September 2019, with a median sale price of 1,500.Home-buying continues to be a bright spot in the economy during the coronavirus pandemic."Home sales traditionally taper off toward the end of the year, but in September they surged beyond what we normally see during this season," said Lawrence Yun, NAR's chief economist, in a press release. "I would attribute this jump to record-low interest rates and an abundance of buyers in the marketplace, including buyers of vacation homes given the greater flexibility to work from home."In fact, the NAR says sales in so-called vacation destination counties have increased 34 percent year-over-year.However, supply is dwindling. The NAR estimates there is only about a 2.7-month supply of unsold existing homes given the current sales pace. That’s down from a 3-month supply in August and a 4-month supply from a year ago."There is no shortage of hopeful, potential buyers, but inventory is historically low," Yun said. "To their credit, we have seen some homebuilders move to ramp up supply, but a need for even more production still exists."For homes being listed for sale, about 70 percent were on the market for less than a month. 1683

SAN DIEGO (CNS) - A 22-year-old man was wounded in a shooting outside an El Cerrito smoke shop, police said Monday.The shooting happened shortly before 5:30 p.m. Sunday outside Aztec Smoke Shop, in a strip mall near the corner of 60th Street and El Cajon Boulevard, San Diego police Officer John Buttle said.The victim, a 22-year-old man, was confronted by two men as he was getting into his car after exiting the smoke shop, Buttle said.The two men shot the victim four times, then fled the scene eastbound on El Cajon Boulevard in a gray VW Jetta, the officer said.The victim was taken to a hospital for treatment of gunshot wounds to his chest and leg, Buttle said, adding that the injuries were not believed to be life-threatening.Both suspects were described as 5-foot-11 Black men in their early 20s with thin builds. One was wearing a white shirt and the other was wearing a red shirt. 900

Sam Nunberg's interview tour is over for now.Nunberg was booked to appear on CNN's "New Day" on Tuesday morning, but he did not show up for the interview.When an unknown person answered the phone at his home Tuesday morning, the person said Nunberg is done doing interviews.According to two sources with knowledge of the matter, ABC also pursued Nunberg for Tuesday's "Good Morning America." But the producers feared that he would bail, and sure enough, he stopped responding to messages on Tuesday morning. "He went dark," one of the sources said. Nunberg's change in media strategy appears related to the change of heart that unfolded before a national audience during his media tour on Monday.The former Donald Trump campaign aide gave more than a dozen interviews on Monday in an extraordinary act of defiance of special counsel Robert Mueller.Related: Who is Sam Nunberg?He started out by flaunting Mueller's subpoena and saying "let him arrest me." At one point, he even handed the subpoena paper to MSNBC anchor Ari Melber. He seemed to revel in the show he was starring in."Jake, I'm definitely the first person to ever do this, right?" he asked CNN's Jake Tapper.Interviewer after interviewer emphasized that Nunberg could be facing serious legal jeopardy. They asked if he wanted to reconsider his position; asked if he'd consulted his lawyer; and asked about his family.Nunberg asked questions too -- almost as if he was seeking legal advice. In the 7 p.m. hour on Monday, he asked CNN's Erin Burnett, "Do you think Robert Mueller is going to send me to prison, Erin, for this?" She answered, "I don't know, but he certainly would be within his rights."Some of Nunberg's associates said they were worried about his state of mind. Burnett said at the end of the interview that she smelled alcohol on his breath. But he denied that he had been drinking.Paparazzi-style photographers were waiting for Nunberg outside CNN's New York bureau. He spoke with one of the camera crews and then continued talking with reporters by phone. But his tone changed. By the end of the day, Nunberg signaled that he will continue cooperating with Mueller, after all.The special counsel office had no comment.Nunberg's last interview of the day appeared to be with Olivia Nuzzi of New York magazine. He told her around midnight that "I'm gonna cooperate!"Regarding his TV tour, he said to Nuzzi, "Did I sound drunk? I think that I was just more of myself in these interviews than I've ever been. That's what I think it was."He took another call, then called Nuzzi back at 12:55 a.m., said he was happy that "I didn't get dumped by my lawyer today."On Tuesday morning, Nunberg did not answer calls to his cell phone. Callers were greeted by a message that said, "The voice mail belonging to Sam Nunberg is full."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 2906

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