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SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309

SAN CLEMEMTE, Calif. (KGTV) -- Video shows nearly a dozen people escaping onto a San Diego County beach in a smuggling attempt. The video was captured on October 25 by U.S. Customs and Border Protection. At midnight, agents reportedly spotted a suspicious panga-style vessel landing on a beach near San Mateo Point in San Clemente. RELATED: Panga boat washes ashore on San Diego beach, but no passengers foundVideo then shows 11 people getting off the boat, running toward a multi-million dollar beachfront home. Border Patrol agents were able to detain nine out of the 11 people. The agency says six of the individuals were Chinese nationals while three were Mexican nationals. All were in the U.S. illegally, CBP says. RELATED: Panga Boat found at Tamarack State Beach, Border Patrol investigatingThe captain of the boat faces federal human smuggling charges. 870

SAN DIEGO (AP) — Scheduling glitches led an immigration judge to deny the Trump administration's request to order four Central American migrants deported because they failed to show for initial hearings Wednesday in the U.S. while being forced to wait in Mexico.The judge's refusal was a setback for the administration's highly touted initiative to make asylum seekers wait in Mexico while their cases wind through U.S. immigration courts.One migrant came to court with a notice to appear on Saturday, March 30 and said he later learned that he was supposed to show up Wednesday. He reported in the morning to U.S. authorities at the main crossing between San Diego and Tijuana."I almost didn't make it because I had two dates," he said.Similar snafus marred the first hearings last week when migrants who were initially told to show up Tuesday had their dates bumped up several days.Judge Scott Simpson told administration lawyers to file a brief by April 10 that explains how it can assure migrants are properly notified of appointments. The judge postponed initial appearances for the four no-shows to April 22, which raised more questions about how they would learn about the new date.Government documents had no street address for the four men in Tijuana and indicated that correspondence was to be sent to U.S. Customs and Border Protection. Simpson asked how the administration would alert them."I don't have a response to that," said Robert Wities, an attorney for U.S. Immigration and Customs Enforcement.At least two others were given notices to appear Tuesday but, when they showed up at the border, were told by U.S. authorities that they were not on the schedule that day. Their attorneys quickly got new dates for Wednesday but Mexico refused to take them back, forcing them to stay overnight in U.S. custody.Laura Sanchez, an attorney for one of the men, said she called a court toll-free number to confirm her client's initial hearing Tuesday but his name didn't appear anywhere in the system. Later, she learned that it was Wednesday.Sanchez said after Wednesday's hearing that she didn't know if Mexico would take her client back. Mexican officials didn't immediately respond to a request for comment.Homeland Security Department representatives did not immediately respond to a request for comment late Wednesday.The snafus came two days before a federal judge in San Francisco hears oral arguments to halt enforcement of the "Migration Protection Protocols" policy in a lawsuit filed by the American Civil Liberties Union, Southern Poverty Law Center and Center for Gender & Refugee Studies.The policy shift, which followed months of high-level talks between the U.S. and Mexico, was launched in San Diego on Jan. 29 amid growing numbers of asylum-seeking families from Guatemala, Honduras and El Salvador. Mexicans and children traveling alone are exempt.Families are typically released in the U.S. with notices to appear in court and stay until their cases are resolved, which can take years. The new policy aims to change that by making people wait in Mexico, though it is off to a modest start with 240 migrants being sent back to Tijuana from San Diego in the first six weeks. U.S. officials say they plan to sharply expand the policy across the entire border.Mexican officials have expressed concern about what both governments say is a unilateral move by the Trump administration but has allowed asylum seekers to wait in Mexico with humanitarian visas.U.S. officials call the new policy an unprecedented effort that aims to discourage weak asylum claims and reduce a court backlog of more than 800,000 cases.Several migrants who appeared Wednesday said they fear that waiting in Mexico for their next hearings would jeopardize their personal safety. The government attorney said they would be interviewed by an asylum officer to determine if their concerns justified staying in the U.S.Some told the judge they struggled to find attorneys and were granted more time to find one. Asylum seekers are entitled to legal representation but not at government expense.U.S. authorities give migrants who are returned to Mexico a list of no-cost legal providers in the U.S. but some migrants told the judge that calls went unanswered or they were told that services were unavailable from Mexico.A 48-year-old man said under the judge's questioning that he had headaches and throat ailments. The judge noted that migrants with medical issues are exempt from waiting in Mexico and ordered a medical exam.___Associated Press writer Maria Verza in Mexico City contributed to this report. 4614

SAN DIEGO (AP) — Three solo home runs were enough to power the San Diego Padres past the Miami Marlins.Franmil Reyes, Hunter Renfroe and Ian Kinsler homered, and left-hander Joey Lucchesi combined with two relievers on a four-hitter for his first victory in six starts to lead the San Diego Padres to a 5-2 victory Friday night."We thrive with the long ball and we've got the guys who can hit them," manager Andy Green said. "You have to embrace who you are. We've got a lot of slug as a club. It's nice when you get guys on base and hit two- and three-run homers, but solos did it today."Lucchesi certainly enjoyed the power display."I love it. I love when guys hit them," the big lefty said. "It makes them feel good, it makes us feel good. It's great."Lucchesi (4-3) hadn't won since beating Cincinnati at home on April 21. He retired his first seven batters before allowing a double by Miguel Rojas in the third. He then retired eight straight before allowing a home run by pinch-hitter Rosell Herrera with one out in the sixth. Lucchesi struck out five and walked one.Craig Stammen pitched 1 2/3 hitless innings, Phil Maton allowed two singles to open the Marlins' ninth and Kirby Yates came on to get the final three outs for his 22nd save, best in the majors.Herrera was pinch-hitting for lefty Caleb Smith (3-3), who lost his third straight decision after allowing two runs and three hits in five innings. He struck out eight and walked two."I thought he threw the ball really well," manager Don Mattingly said. "Gives up the two solos, but I think we saw the finish that we talked about before, more swing and miss. Definitely a lot better out of Caleb tonight."The Padres "don't really chase too far out of the zone," Mattingly said. "They've got swing and miss but they don't chase all over the place, so there were a lot of deep counts and you've got to make pitches, so we know they're dangerous from that standpoint."Reyes homered on a line shot to left with one out in the first, his 16th. Renfroe hit a moonshot into the second balcony on the Western Metal Supply Co. Building in the left-field corner with one out in the fourth for his 15th."I felt like my stuff was pretty good," Smith said. "Just made a couple mistakes and I've got to stop giving up the long ball."Kinsler homered off Austin Brice with one out in the seventh for his seventh. 2370

SAN DIEGO — When it comes to takeout and delivery, breakfast food just doesn't really cut it.That's a problem for Johan Engman and his Rise and Shine Restaurant group, with the flagship Breakfast Republic."Imagine an eggs Benedict, a poached egg with hollandaise sauce. It doesn't travel that well," Engman said Tuesday.Sales are down more than 90 percent and 450 employees were just furloughed amid the lockdown."It's heartbreaking, but what makes it even worse is that we're in the holiday season," Engman said.But instead of simply giving up and hoping for another round of stimulus, Engman is keeping a couple extra workers on at Breakfast Republic's Mission Valley location - preparing what could turn into hundreds of free meals everyday for impacted workers or anyone in need - no questions asked."I mean, we're hemorrhaging money, but I think when the going gets tough, that's when you need to show character," Engman said.Two years ago, Rise and Shine Restaurants created a nonprofit that got a dollar for every sold breakfast burritos, one of the most popular items. That money has, for instance, been used to make thousand-dollar donations to other nonprofits nominated by customers.And during the march lockdown, the nonprofit bought ,000 worth of meals for the public - about 6,400, and it has about that much cash left this time."We have a little chunk of money there that we want to put to good use," Engman said.And while breakfast is in the name - it's not breakfast being served for free. Instead, it's comfort food - like meatloaf, chicken and lasagna.The meals are given out daily at Breakfast Republic's Mission Valley location, at 1570 Camino de la Reina, from 8 A.M. To 2 P.M. 1710