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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

SAN DIEGO — Three teenagers were taken into custody in three separate attempts to smuggle fentanyl across the U.S.-Mexico border, according to federal officials.U.S. Customs and Border Protection (CBP) said the incidents occurred on March 30 and 31 at the San Ysidro Port of Entry near San Diego, California.On Friday, CBP agents stopped a 17-year-old Mexican citizen. After noticing an "anomaly" on the teen's back, agents conducted a pat down and found two packages strapped to his back. The packages contained four pounds of fentanyl — a street value of 1,000.The next day, CBP agents stopped two more male teens within 10 minutes of each other: a 17-year-old and a 15-year-old. Both were found to have packages of fentanyl strapped to their backs. The two combined were carrying about nine pounds of drugs, a street value of more than 6,000.The teens in each case were arrested and turned over to Homeland Security Investigations. The all drugs were seized by CBP officers.According to Pete Flores, the director of Field Operations for Customs and Border Protection in San Diego, Fentanyl is 50 to 100 times more deadly than heroin."Please understand that no matter what you may be told, there are consequences for engaging in this type of activity, not to mention the dangers of working with transnational criminal organizations,” he said, 1383

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

SAN DIEGO — The economic fallout from the novel coronavirus is leading to increased opportunities to buy a home or refinance one currently owned. Freddie Mac reported Thursday that the average rate for a 30-year fixed mortgage was 3.29 percent, the lowest in its 50-year history.That's down from 4.41 percent one year earlier. With the new, lower rate, a household with a 0,000 mortgage would save about 0 on their monthly payments. "Anytime there's any sort of any big natural disaster, war threat, that type of thing, the Wall Street money seeks safe havens, and that tends to drive rates down," said Scott Harmes, a senior loan officer at C2 Financial Corp. Harmes said the phones have been ringing off the hook since the rates fell, including for people inquiring to refinance. He said refinances should be evaluated on a case-by-case basis, depending on how much a household owes, how much longer the loan will last, and how long they plan to stay in their home. For those in the market to buy, the lower rates come just as San Diego will enter the spring peak homebuying season. Realtor Michelle Silverman said the higher rates could make the market tighter, but that homes still need to be priced appropriately."A seller can't be greedy," said Silverman, of Coldwell Banker. "If you have a greedy seller, the house is going to stay on the market. If the property is priced right, you're going to get multiple offers, maybe even go above list price, and it will move. It will sell."The rate drop comes after the Federal Reserve lowered its key Federal Funds Rate by 0.5 percent earlier this week in an emergency action. CoreLogic reports that the median home price in the county was 5,000 in January, up 7.9 percent from one-year earlier. 1762

SAN DIEGO -- As part of an initiative aimed at expanding San Diego's regional bike network, SANDAG has released a map of bikeways throughout the county. The plan, known as GO by BIKE, proposes a bike system of interconnected corridors, support facilities and programs that make biking a convenient form of travel.According to Keep San Diego Moving, making the region more bike-friendly resolves issues like traffic congestion, air quality and livability.The plan proposes a network of bike corridors that will allow residents to bike on more direct routes within and between major destinations and activity centers.The plan also supports the implementation of SANDAG’s regional comprehensive plan and SANDAG’s 2050 regional transportation plan.To promote the infrastructure, SANDAG is putting on Bike to Work Day, which will take place on Thursday, May 17.The plan also has a 0 million early action program. The program comprises roughly 40 projects totaling about 77 miles of new bikeways designed to enhance neighborhood connections to schools, shopping and parks as well as transit stations. Click on the map below to see a 2018 map of bike paths in San Diego County:   1218