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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SALT LAKE CITY — A Halloween protest party scheduled for Saturday night near Salt Lake City has been canceled, with organizers claiming harassment and intimidation led to its downfall."The Protest on Halloween" party was promoted via social media by a group calling itself Utah Tonight. The party featured four DJs and a guarantee that attendees would not have their faces shown in photos.As recent as last week, the group said the party's purpose was to promote "mental health and to raise a voice against those who are using fear and misleading information to gain power and control in our lives. Life must go on. COVID-19 is real, but it shouldn't be the end of normalcy!”However, as COVID-19 cases continued to soar in Utah over recent weeks, the image of thousands partying up close no doubt became a Halloween nightmare to officials.Monday afternoon, the Utah Tonight group posted to its Instagram page that the party has been called off. Saying "thousands" had purchased tickets to the event, the organizers acknowledged the rise in cases may have played a role in the decision while also attacking government officials and the media."The Utah Tonight team has fought tirelessly to provide individuals with an evening of normalcy and enjoyment during this year of uncertainty." the post read. "...we must acknowledge that even following every known guideline to combat COVID-19 would be insufficient to some.""We find it both disheartening and concerning that some within our society have allowed fear to supplant basic rights of assembly, giving individuals within the media and some public servants the ability to control what we consider to be a 'pursuit of happiness.'"The cancellation post claims the group was forced to call off the party while other well-attended events like the state fair, rodeos, gyms and haunted houses are able to remain open."What should be a fair and impartial application of guidelines for all people has become an exercise of political rhetoric and fear-mongering." the group states.The group ends by accusing those in power, including the media, of harassing and intimidating people to shut down the event."It is our hope that you may not find your 'pursuit of happiness' on the unspoken list of restricted activities in the State of Utah."This article was written by Sydney Glenn for KSTU. 2340

SAN DIEGO — The banner atop North Park’s Rudford’s Restaurant reads, “Stand up small business.”The word defy is written just below.Defy is exactly what father-and-son team Jeff and Nicholas Kacha planned to do over the weekend - until the community got word. They planned to continue serving food indoors even though the county on Saturday moved into the state’s most strict tier of coronavirus restrictions - the purple tier. But they were faced with threats of broken windows, picketing and lost customers.“It's been a nightmare that just keeps getting worse,” Jeff Kacha said.Redfords, which is not serving indoors, laid off 10 staffers at the news. Sales are down 40 percent. And the 60 turkeys they ordered for Thanksgiving may now not sell.Gov. Newsom says he remains concerned over the recent increase in the rate of coronavirus cases. The state on Monday moved 41 of the state's 58 counties into the purple tier.And even restaurants that look full outside say it hurts. At Puesto in La Jolla, the patio was busy all weekend, but co-founder Eric Adler wasn't celebrating“It looked full and it was full but that still translates to reduced revenue of around 30 percent for us,” he said.But other businesses weren't hit as hard.Point Loma Sports Club already had the bulk of its equipment outside under tents from earlier in the outbreak. When the county entered the purple tier, general manager Bryan Welch moved even more out for the members.“We may do this again two more times, four more times,” he said. "We're trying not to be shocked by it, we're just trying to adapt, and if you can adapt, we just feel like we can thrive.”The challenges, however, could grow as the weather cools into the winter months. 1724

SAN DIEGO (CNS) - A financial advising website Thursday ranked San Diego as the second-best city in the country for conferences.SmartAsset's fourth annual study of the best cities for conferences was based on data from the U.S. Census Bureau's 2016 County Business Patterns Survey, the FBI's Uniform Crime Reporting Database, Google Maps and Hotels.com's Hotel Price Index.Among the 25-best cities, San Diego ranked first in driving distance from the airport to the city center and second for low crime rate. San Diego's 377 violent crimes per 100,000 residents was second only to Irving, Texas, which had 216 crimes per 100,000 residents."San Diego ranks well, because its airport is both close to downtown and easy to reach," said SmartAsset data journalist Derek Miller. "This city ranks first for airport distance and fourth in travel time to airport. This city also has plenty of lodging options, including 18 large hotels making it a 957

SAN DIEGO — A leader has emerged in the battle between two democrats to represent California's 53rd District in Congress, according to a scientific poll released Tuesday. Sara Jacobs is leading Georgette Gomez 38 percent to 24 percent in the race, with 38 percent still undecided, an ABC-10News Union-Tribune says. Jacobs, a nonprofit founder who served in Obama's State Department, is leading Gomez among Democrats, Independents and Republicans who say they have made up their minds. Gomez, currently the San Diego City Council president, is leading Jacobs among the youngest voters, those between the ages of 18 to 34. Thad Kousser, a political scientist at UC San Diego, said the poll still shows the race isn't over, despite Jacobs' big lead. Kousser noted Jacobs still has not secured at least 50 percent of the vote, according to the poll."We're going to see an all-out press and more money spent by each of these candidates because they see that this race is far from over," Kousser said. "Sara Jacobs hasn't closed the deal, Georgette Gomez still sees a light at the end of the electoral tunnel from this poll."The candidates combined spent nearly million campaigning through June 30. Jacobs, granddaughter of Qualcomm founder Irwin Jacobs, reported .5 million in receipts, while Gomez reported .17 million. "It's always nice to have polls reflect what we're feeling on the ground, which is that what voters are looking for in this district is someone who has the kind of experience I have working in the federal government and who will be a new generation of leaders," Jacobs said in an interview. In a statement, a spokesperson for Gomez's campaign expressed confidence. “It’s still early and not a single vote has been cast," the statement said. "Georgette Gómez’s message of leadership in response to the coronavirus crisis and standing up to Trump as President of the San Diego City Council is starting to reach voters. Our campaign is ramping up its efforts to reach voters in every corner of the district."Kousser said Jacobs likely has more name recognition, given her ads and her unsuccessful attempt in 2018 to run for Congress in Coastal North County's 49th District. In the case of Gomez, he said local politics such as City Council does not garner as much attention as it should.The poll, of 534 likely voters, showed 63 percent of the undecided voters are Republicans, in the heavily blue district. Kousser said they simply may decide not to vote in that race.The poll also shows Joe Biden beating President Trump 61 to 30 in the 53rd, which comprises central San Diego and heads south into Chula Vista. The seat came open after Democrat Susan Davis announced she would retire after serving for nearly 20 years. 2751

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