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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

SALT LAKE CITY, Utah – An officer with the Salt Lake City Police Department has been suspended after being accused of unnecessarily ordering a K-9 to attack a man who listened to commands from police.Additionally, Mayor Erin Mendenhall announced that the department is also suspending its use of K-9s to engage with suspects until the policies and practices of the program can be reviewed.Body camera footage from April 20 shows Jeffery Ryans getting attacked by a police K-9, even though Ryans was on his knees and had his hands in the air.The footage shows K-9 Tuco biting and tearing at Ryans' leg as another officer sat on top of Ryans and placed him in handcuffs.Mayor Mendenhall said she was disturbed by the content of the footage and concerned that the incident wasn't brought to the attention of senior police leadership before The Salt Lake Tribune published the video online Tuesday, nearly four months after the incident."We will conduct a thorough review of the breakdown in communication to ensure that it does not happen again. I am disturbed by what I saw in that video, frustrated by how the situation was handled, and am committed to working to ensure neither happen again," Mendenhall wrote on Twitter.Ryans ended up in the hospital before being booked into jail on a violation of protective order charge. He was released with conditions to follow. Now, nearly four months since the incident, Ryans' leg remains bandaged and he says the wound still hasn't healed. He explained he's gone through surgeries and racked up medical bills."I don't know why they had to use that type of force towards me," he said. "I was cooperating. I wasn't a threat to them."Ryans, a Black man, said police often treat Black people differently, and he wants people to see it happens in Utah too."It's very difficult not to see how race could play a factor here," said one of Ryans' attorneys, Gabriel K. White.He and Dan Garner are representing Ryans. They said they believe police violated Ryans' civil rights. They have filed a Notice of Claim with the Salt Lake City Police Department.If the city doesn't respond in 60 days, they said they will file a lawsuit."He wasn't running. He wasn't doing anything that would have the officers have used this type of force," Garner said. "And so, his biggest goal in this ... is to add to the conversation that we're having as a nation. That this can't happen again. We need to learn from this."On Wednesday afternoon, Salt Lake County District Attorney Sim Gill announced his office will screen the evidence for any criminal conduct.“I read the story yesterday in the paper like everyone else. What we witnessed was concerning enough to ask for all relevant material. We will be screening the evidence to see if any criminal conduct was committed," Gill said in a statement.The Salt Lake City Police Department responded with this statement Tuesday: 2900

SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he allegedly sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was charged Thursday with battery of a peace officer and resisting arrest. Eric Van Vleet, who was arrested in Idaho's Cassia County less than a week after the alleged Nov. 1 attack and extradited to San Diego, faces up to three years in prison if convicted. Deputy District Attorney Will Hopkins said the unnamed officer was breaking up a fight amid a crowd of people outside the Atomic bar about 1 a.m. when Van Vleet allegedly yelled, ``(Expletive) the police'' and punched the lawman in the side of the head. RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerVan Vleet -- who was dressed as Jesus Christ with devil horns -- then walked away from the ruckus, disappearing into a crowd and getting into an Uber vehicle, according to the prosecutor. He traveled to Idaho, where he is the CEO of two companies, according to Hopkins. Defense attorney Marc S. Kohnen said Van Vleet is a majority partner in his companies, which are involved in advertising for medical products. The officer, a three-year member of the San Diego Police Department, was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post-concussion symptoms, according to Hopkins. Kohnen emphasized that his client has no criminal record and disagreed with San Diego County Superior Court Judge Jay Bloom's decision to set bail at 0,000. RELATED: San Diego police: Man accused of punching officer while wearing Jesus costume arrestedThe judge cited Van Vleet's travel to Idaho as part of the reason for the high bail, in addition to his apparent financial resources. Along with his ``business ties'' to the Idaho companies, Hopkins said investigators found a vehicle valued at around 0,000 at his home. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect. Kohnen countered that it's not clear whether Van Vleet or someone else in the crowd assaulted the officer, calling it a ``chaotic scene'' in which police arrested multiple people. Van Vleet pleaded not guilty and is due back in court next Tuesday for a bail review hearing. 2370

SAN DIEGO (KGTV) — Cold, windy, and rainy conditions have prompted the San Diego Housing Commission to activate inclement weather shelters this New Year’s Eve. The commission activates the Inclement Weather Shelter Program when temperatures drop below 50 degrees, the chance of rain is higher than 40 percent or in the case of sustained high winds. The program is a partnership between the commission, the city of San Diego, Father Joe's and Connections Housing. The commission also funds the program. Father Joe’s Villages tells 10News they can take in an additional 170 people this New Year's Eve, including children.They will convert two dining halls into temporary shelters, filling them with cots. “When you’re out there in the rain and you get wet and then this cold air, you feel a chill in your bones, that’s what those on the streets experience,” said Deacon Jim Vargas, President and CEO of Father Joe’s Villages. Homeless individuals will be given meals as well as dry clothes when they leave. Residents can dial 2-1-1 or visit 211sandiego.org to find out more about the county's Inclement Weather Shelter Program. 1134

SAN DIEGO (CNS) - A comprehensive outreach strategy to expand testing access for Latino residents and other communities hardest hit by the COVID-19 pandemic was announced Friday by local leaders.The new program will kick off on Monday, with a new testing site at the Mexican Consulate in downtown San Diego at 1549 India St. Starting at 8 a.m., walk-up appointments will be available until 3:30 p.m., according to the announcement from San Diego County Supervisor Nathan Fletcher, Carlos Gonzalez Gutierrez, Consul General of Mexico in San Diego and other local leaders."We are prioritizing our response to health inequities in the Latino community by prioritizing efforts to help address accessibility barriers that are contributing to Latinos being disproportionately impacted by this pandemic," Fletcher said. "Whether you live in the south, north or east of our county, you should have access to testing and resources to prevent and treat the spread of COVID-19."The consulate will be the first of several locations in a 14-day rotation. Two other confirmed sites include San Luis Rey Church in Oceanside and St. Anthony of Padua in National City. Dates, times and additional locations will be announced as soon as they are finalized.According to the group, by working with partners like the consulate, Catholic Diocese of San Diego, the Chicano Federation and others, this testing initiative will enhance San Diego County's regional effort to expand coronavirus testing and outreach in the Latino community."The consulate is proud to be part of the efforts to encourage testing and diagnosis among the Latino community, a community that, unfortunately, has been disproportionately hit by COVID-19," said Gonzalez Gutierrez. "Part of what is necessary for our community to reach out to testing sites is for them to feel safe and understand that they can access public health services regardless of their migratory status."Nancy Maldonado, executive director of Chicano Federation, and Barbara Jimenez, general manager of the central and south regions of the County Health and Human Services Agency, joined the politicians Friday to announce the new testing site and the overarching strategy."This testing site will allow us to reach an important population," said Jimenez. "Until we have a widely available vaccine, testing will remain an absolutely critical part of our public health response." 2407