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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 DIEGO (AP) — Free agent pitcher Garrett Richards and the San Diego Padres have finalized a .5 million, two-year contract.Richards will earn million next year and .5 million in 2020 as part of the deal announced Friday. He can earn an additional .5 million annually in performance bonuses: 0,000 for each start from 21 through 30.Richards was 5-4 with a 3.66 ERA last season for the Los Angeles Angels before reconstructive surgery in July. The 30-year-old right-hander was 45-38 with a 3.54 ERA with the Angels since 2011.OFFICIAL: The #Padres have signed RHP Garrett Richards to a two-year contract through the 2020 season. pic.twitter.com/95MA7yFKUw— San Diego Padres (@Padres) December 7, 2018 721

SALEM, Ore. (AP) — The death toll from the wildfires raging on the West Coast stands at least 33, with authorities saying nearly all of the dozens of people reported missing after a devastating blaze in southern Oregon have been accounted for. The flames have destroyed neighborhoods, leaving a barren, gray landscape in their wake, driven tens of thousands of people from their homes and cast a shroud of smoke over the region. The crisis has come amid the coronavirus outbreak, the economic downturn and nationwide racial unrest that has led to protests in Portland for more than 100 days. 599

SAN DIEGO (AP) — San Diego rookie Jake Cronenworth singled home the go-ahead run in the sixth inning for the Padres, who hit three solo home runs off Walker Buehler and beat the Los Angeles Dodgers 5-4. Cronenworth’s hit gave ace Chris Paddack his first career win against the Dodgers. Cronenworth also made several nice plays at first base, where he made his fifth start. First baseman Eric Hosmer is on the injured list with a stomach ailment. Paddack allowed three runs and five hits in six innings, struck out five and walked none. Trent Grisham, Wil Myers and Fernando Tatis Jr. homered off Dodgers starter Walker Buehler. 635

SAN DIEGO (CNS) - A deer mouse found in Warner Springs tested positive for the potentially deadly hantavirus, San Diego County Vector Control and environmental health officials announced Friday.Vector Control officials said the mouse was found during a routine monitoring operation. Multiple mice collected by Vector Control have tested positive for the virus in areas of north and east county, including Fallbrook, Boulevard, Bonsall, 4S Ranch and Potrero, since January.With each instance, county officials have reminded residents to avoid sweeping or vacuuming rodent droppings, which can kick the virus up into the air.Residents are advised to use so-called "wet cleaning" methods like a diluted bleach spray, disinfectants or a sponge and a mop to clean up wild rodent matter like urine, feces and saliva. Cleaned areas should also be well- ventilated as well to ensure the virus does not linger.Hantavirus is not uncommon in San Diego County's more rural and undeveloped areas, but residents can avoid exposure by keeping rodents out of their homes, sheds and garages, according to Vector Control. Wild mice, in particular, are the virus' main carriers.There is no cure or vaccine for hantavirus, which can cause deadly infections. According to the Centers for Disease Control and Prevention, symptoms of infection can include fever, aches in the large muscle groups, dizziness, digestive issues and abdominal pain.Residents can prevent exposure to hantavirus by sealing holes larger than a dime and quickly disposing of rodent debris in homes and adjacent structures.The county's Department of Environmental Health can be reached at 858- 694-2888 for more information about avoiding hantavirus exposure and infection. In addition, residents can find more information on the virus by visiting sandiegocounty.gov/content/sdc/deh/pests/hantavirus.html. 1864

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