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SAN DIEGO (AP) — The California National Guard is denying a report by that California has rejected President Trump's plan to send National Guard troops to the U.S.-Mexico border. The Associated Press originally reported that troops would not be allowed to fix and repair vehicles, operate remotely-controlled surveillance cameras to report suspicious activity to the Border Patrol, operate radios and provide "mission support," which can include clerical work, buying gas and handling payroll, the state reportedly told federal officials. Lt. Col. Thomas Keegan said Monday afternoon that "state officials have not rejected anything since the Governor responded to the federal government last Wednesday with the proposed 'Memorandum of Agreement between the State of California and The Department of Defense and the Department of Homeland Security.'President Trump praised Governor Jerry Brown last week after Brown pledged 400 troops to the Guard's third large-scale border mission since 2006.RELATED: Trump says San Diego 'pushing hard' for border wallThe governor's commitment allowed Trump to boast support from all four border-state governors and helped put the president above the lower end of his threshold of marshaling 2,000 to 4,000 troops that he wants as a border security mission to fight illegal immigration and drug trafficking.But the Democratic Brown conditioned his support by insisting that California's troops have nothing to do with immigration enforcement. He was not specific about jobs his troops would or would not perform or how he would distinguish between immigration-related work and going after criminal gangs and drug and gun smugglers.RELATED: San Diego set to receive 28 new miles of border wallBrown last week characterized his decision to contribute troops as a welcome infusion of federally-funded support to fight transnational criminal gangs and drug and firearms smugglers. According to one U.S. official, the California Guard has suggested assigning about 40 troops to marijuana eradication across the state. 2076

SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SAN DIEGO (AP) — The American Civil Liberties Union on Wednesday released documents detailing widespread allegations of misconduct by U.S. border authorities toward children, including kicking one in the ribs, denying medical attention to a pregnant teen who complained of pain and threatening others with sexual abuse.Its report is based on more than 30,000 pages of government documents in response to Freedom of Information Act requests and a subsequent lawsuit. The allegations date from 2009 to 2014 and, according to its authors, number in the hundreds.Customs and Border Protection strongly denied the claims, as it has rejected similar accusations of widespread excessive use of force in recent years. The documents compiled by the Homeland Security Department's Office of Civil Litigation and Civil Rights for the ACLU are partially redacted, making it more difficult to assess the allegations and findings.TEAM 10 INVESTIGATES: Increase in arrests of immigrants smuggled into San Diego by seaHomeland Security's internal watchdog agency has reviewed the claims and found them unsubstantiated, said Customs and Border Protection spokesman Dan Hetlage. In 2014, the department's inspector general investigated 16 cases of alleged child neglect and abuse — out of 116 that advocacy groups had compiled — and reported that federal prosecutors declined to file charges because there was no evidence of crimes."The false accusations made by the ACLU against the previous administration are unfounded and baseless," said Hetlage.Mitra Ebadolahi, an attorney for the ACLU's border litigation project, said the quantity of the allegations as well as their consistency — spanning several years and several states and coming from children with differing backgrounds — indicates some level of truth.RELATED: Customs and Border Protection details reasons for San Diego border wall testing"These records document a pattern of intimidation, harassment, physical abuse, refusal of medical services, and improper deportation between 2009 and 2014. These records also reveal the absence of meaningful internal or external agency oversight and accountability," says the report, which was co-authored by the University of Chicago Law School's International Human Rights Clinic.The ACLU began publishing the government documents online Wednesday and plans to post material, including audio recordings. Among the cases described in the initial release of documents: 2466

SAN DIEGO (CNS) - A disgraced former U.S. naval officer was sentenced in San Diego today to two and a half years in prison for his role in a wide-ranging bribery and fraud case involving a notorious one-time foreign defense contractor.Ex-Navy Cmdr. Troy Amundson, 50, is the latest naval official to be sentenced for corrupt acts committed at the behest of Malaysian national Leonard Glenn "Fat Leonard" Francis and his Singapore-based company, Glenn Defense Marine Asia.Earlier this year, Amundson pleaded guilty to one count of conspiracy to commit bribery, admitting that he schemed with Francis and others to receive gifts, including entertainment expenses and the services of prostitutes, in exchange for taking official actions for the benefit of GDMA.Francis, for his part, pleaded guilty in 2015 to bribery and fraud charges and conceded that he had presided over a massive decade-long conspiracy involving scores of U.S. Navy officials, tens of millions of dollars in fraud and a glut of bribes and gifts -- from cash, prostitutes and luxury travel to Cuban cigars, Kobe beef and Spanish suckling pigs.From 2005 to 2013, Amundson coordinated the Navy's joint military exercises with its foreign maritime counterparts. As part of those duties, he was responsible for building and maintaining cooperative relationships with the Navy's foreign naval-exercise partners.The defendant, a resident of Ramsey, Minnesota, admitted that Francis paid for dinner, drinks, transportation, various entertainment expenses and prostitutes for him and other U.S. Navy officers from September 2012 through October 2013.On one occasion, according to prosecutors, Amundson wrote to Francis from a private email account, proffering internal proprietary Navy information: "I am a small dog just trying to get a bone ... however I am very happy with my small program. I still need 5 minutes to pass some data when we can meet up. Cannot print."That night, Francis provided prostitutes from Mongolia for Amundson, according to prosecutors. Having passed Navy ship schedules to Francis and taken numerous other actions for GDMA in violation of his official duties, Amundson was interrogated by federal criminal investigators in October 2013.As part of his plea agreement, Amundson admitted that he deleted all his private email account correspondence with Francis following his interview with law enforcement agents."Amundson cavalierly and selfishly traded on a sacred position of trust, selling his honor to a foreign defense contractor in exchange for prostitutes and entertainment expenses," San Diego-area U.S. Attorney Adam Braverman said. "We will vigorously enforce the law when a public official puts his own selfish personal interests ahead of the interests of the Navy and our nation."So far, 33 defendants have been charged in the case, and 21 have pleaded guilty, many admitting that they accepted luxury travel, parties and prostitution services from Francis in exchange for helping the contractor win and maintain contracts and overbill the Navy by millions of dollars.In addition to handing down the 30-month custody term, U.S. District Judge Janis Sammartino ordered Amundson to serve three years of post-prison supervised release and pay a ,000 fine along with ,625.60 in restitution. 3305