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SAN DIEGO (AP) — A decorated Navy SEAL stabbed to death a wounded and captive teenage Islamic State fighter in Iraq and then bragged about it, a military prosecutor told jurors Tuesday during opening statements in a politically charged court-martial.Lt. Brian John projected a photo of the dead prisoner in the military courtroom, along with a text message that Special Operations Chief Edward Gallagher sent to friends."Good story behind this," Gallagher wrote. "Got him with my hunting knife."WATCH NEWS CONFERENCE: 525
SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

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 (CNS) - A grand jury report released Wednesday found multiple gaps in institutional safety and training in the Child Welfare Services division of San Diego County's Health and Human Services Agency. The grand jury reviewed the workloads of social workers in the CWS division, as well as how CWS workers are trained to provide support and care to foster children and parents. The panel also looked into the effects of the state's Continuum of Care Reform Act, which required regional foster care systems to increase support for foster families and improve outcomes for foster youth. The grand jury found that most social workers are overworked and often spend as much or more time on administrative work than interacting with foster children and families, resulting in poor communication and coordination. CWS staff and foster parents also lack the proper training to offer trauma- informed care or support for victims of human trafficking, according to the report. RELATED: Team 10: Child maltreatment in foster careThe grand jury launched the study after the San Diego Union-Tribune reported last July on a lawsuit alleging multiple instances of abuse of foster children over a seven-year period. Through interviews with county officials and a review of current CWS practices, the grand jury received reports that nearly one-third of foster children were abused in some way in their foster homes. In addition, roughly 20% of all calls to the county's child abuse hotline were from foster youth. ``Even though foster families have 12 hours of initial training including an orientation and eight hours of continuing education/year, the grand jury believes increased training in trauma and parent education will decrease maltreatment in (the Resource Family Approval program) and kinship care,'' the report says. RELATED: Team 10: California department does not maintain data on all foster care deathsThe grand jury issued nearly 10 recommendations to the county to improve the foster care system and ensure the safety of foster youth, including an annual study of abuse and mistreatment and a dedicated oversight board to investigate cases of abuse in foster homes. Currently, cases of abuse in the county's foster youth system are handled by a group of protective service workers and records clerks. Those workers coordinate with local law enforcement to investigate abuse and mistreatment allegations. The panel also recommended that the county study both current workloads for its social workers and overall turnover rates to improve recruitment and retention efforts. The study should also focus on how to increase interaction between social workers, foster youth and their foster families, according to the grand jury. 2740
SAN DIEGO — Todd Brown doesn’t hold back when he talks about the impact Coronavirus restrictions have made on his bottom line.“It’s been basically devastating to us,” he said.Brown owns multiple restaurants in San Diego - including Bub’s in Pacific Beach. This past Fourth of July weekend was not what he was hoping for.“With the holiday weekend, our numbers, they were tremendously disappointing,” Brown said.It's going to get worse before it gets better.That's because Brown is going to have to shut down his indoor service for three weeks,Along with a variety of other business owners in the county.The county made the Governor’s monitoring list for three days in a row, meaning restrictions are going into effect at restaurants, tasting rooms, breweries, entertainment centers, zoos, theaters and card rooms for the next three weeks.“I say we are going back instead of forward,” said Patrizia Branchi, who owns Operacaffe downtown.Branchi said business has really suffered during the pandemic - with sales down to 35 percent.These new restrictions still allow her to serve customers outside - but with social distancing rules, her patio only holds six people.“I don’t want to think about closing because to me that means my family is going to have a problem,” Branchi said. “I have me and my daughter, and the other partner, which is with us since ever. What do we do?"And to make matters more difficult, Brown and Branchi both say they have all but exhausted their Paycheck Protection Program funds - meaning they won't have any stimulus money to get them and their workers through this new round of closure. 1621
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