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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

SALT LAKE CITY, Utah -- A Salt Lake City K-9 officer has been charged with aggravated assault in connection with an April 24 incident.Officer Nickolas John Pearce, 39, responded to a report of domestic violence that day. Pearce is accused of commanding his K-9, Tuco, to bite Jeffery Ryans, even though Ryans was on his knees and had his hands in the air."When K-9 Tuco engaged and was biting Ryans, [Pearce] continually praised and encouraged K-9 Tuco," a probable cause statement said. "While he was being attacked by K-9 Tuco, Ryans expressed extreme emotions reflective of pain from being bitten by K-9 Tuco and plead with the officers to stop the biting. He questioned why he was being attacked when he was not resisting."Ryans suffered large lacerations and required hospitalization for his injuries. After receiving treatment for his injuries, Ryans was booked into the Salt Lake County Metro Jail on a charge of violating a protective order.In an interview with KSTU on Wednesday, Salt Lake County District Attorney Sim Gill said they looked to see if the force used was reasonable."And in this case, the conclusion of our attorneys when we reviewed the body cam video, we looked at the reports that were generated, and we could find no lawful reason to use that police dog in the fashion that it did and resulting in the injury caused on Mr. Ryans," Gill said.(Warning: the following body camera video contains graphic language and violence) 1458

SAN DIEGO -- Qualcomm announced Tuesday that the company reached an agreement to purchase Dutch chipmaker NXP Semiconductors.One of Qualcomm’s subsidiaries will pay 7.50 per share for all outstanding shares of the company.Boards from both companies agreed on the deal which is contingent upon 70 percent of NXP’s shares being tendered. RELATED: Qualcomm rejects Broadcom's 'best and final' offer"The acquisition of NXP will enable us to accelerate our growth strategy," said Qualcomm board member Tom Horton. "The board unanimously believes this is an attractive acquisition at this price for Qualcomm stockholders based on NXP's recent strong financial performance, the growth in key strategic areas such as auto and (the internet of things) and our high confidence in management's ability to execute upon the synergy opportunities."The billion deal comes one week after leaders of Qualcomm met with Broadcom executives to discuss a 6 billion buyout.RELATED: Broadcom submits 'best and final' offer in attempt to acquire San Diego-based QualcommQualcomm has rejected buyout offers from Broadcom twice. Broadcom said during the last talks between the two companies that this was its “best and last offer” to purchase Qualcomm.Officials with Qualcomm cited low per-share price and lack of assurance from Broadcom that it would do everything it could to ensure the deal would pass regulatory scrutiny. 1432

SAN DIEGO (CNS) - A five-vehicle pileup at a College Area intersection left two young women severely injured and sent four others drivers to the hospital, police said Thursday.The crash was reported around 9:10 p.m. Wednesday at the intersection of 70th Street and El Cajon Boulevard, San Diego police Officer John Buttle said.A 63-year-old man driving a 2016 Mercedes E400 eastbound on El Cajon Boulevard suffered an unknown medical issue and slammed into the back of a 2015 Ford Fusion sitting in the northbound turn lane to 70th Street, Buttle said.The impact pushed both vehicles into the westbound lanes, where they were both struck by three vehicles -- a Nissan Rogue SUV, a BMW and a Honda Civic, the officer said. At that point, the Ford caught fire, leaving two 22-year-old women trapped inside before witnesses pulled them from the car.Both women suffered second- and third-degree burns over 70% of their bodies, along with uncontrolled internal bleeding, Buttle said. They were taken to a hospital for treatment of their injuries, which were considered life-threatening.The Mercedes driver was taken to a hospital for treatment of unknown injuries, Officer Tony Martinez said.The Nissan driver, a 20-year-old woman, the BMW driver, a 63-year-old man, and the Honda driver were taken to local hospitals for treatment of minor injuries, Buttle said.No details about the Honda driver were immediately available. 1427

SAN DIEGO (CNS) - A 22-year-old motorcyclist was hospitalized in critical condition this morning with injuries he sustained in a crash with a Toyota Rav4 in Mira Mesa.The man was riding northbound on Camino Ruiz at Marauder Way at 10:30 p.m. Friday when he broadsided the Rav4, according to Officer Robert Heims of the San Diego Police Department, who added one driver ran a red light, but it was unclear which one.The motorcyclist sustained multiple fractures and was taken to a hospital in critical condition, Heims said.The driver of the Toyota was not hurt. 569