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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

SAN DIEGO (CNS) - A health executive and the mayor of Poway were clinging to narrow leads Wednesday in their bids to claim open seats on the San Diego County Board of Supervisors, while an incumbent was on the verge of being voted out.District 1 board members Greg Cox and District 2's Dianne Jacob are both termed out, meaning the board will have at least two new members.Cox, a Republican, has been in office since 1995, representing the district that includes National City, Chula Vista, Imperial Beach and Coronado, along with 19 communities within the city of San Diego, including Barrio Logan and Sunset Cliffs. It also features the unincorporated communities of Bonita, East Otay Mesa, Lincoln Acres and Sunnyside.Nora Vargas, a health executive, expanded on an early lead in the race to replace him, securing 54.6% of the vote to 45.4% for state Sen. Ben Hueso.Both Vargas and Hueso are Democrats.Hueso, a former San Diego City Council member, has represented Senate District 40 since 2013.Vargas is a vice president of Planned Parenthood of the Southwest and also serves on the Southwest Community College board.The District 2 race, meanwhile, had Poway Mayor Steve Vaus with a narrow 50.6% to 49.4% lead over fellow Republican and former state lawmaker Joel Anderson.The termed-out Jacob, also a Republican, joined the Board of Supervisors in 1993. The district is home to the cities of El Cajon, La Mesa, Lemon Grove, Poway and Santee; and the San Diego communities of Allied Gardens, College Area, Del Cerro, Grantville, Navajo, Rolando and San Carlos.It also covers East County's unincorporated communities of Alpine, Campo, Julian, Ramona, Rancho San Diego and Spring Valley. Anderson represented the East County in the Assembly from 2007 to 2009, and in the state Senate from 2010 to 2018.A Grammy-winning recording artist, Vaus first served on the Poway City Council before winning the 2014 mayoral race. His leadership during the deadly 2019 shooting at a Poway synagogue received national attention.In the District 3 race, challenger Terra Lawson-Remer -- a Democrat who served as a senior adviser in the Obama administration -- had 60% of the vote and appeared poised to defeat incumbent Kristin Gaspar, a Republican elected in 2016.The coastal/North County district includes a dozen neighborhoods within the city of San Diego, including Carmel Mountain Ranch, Mira Mesa and Rancho Penasquitos. It also includes the cities of Del Mar, Encinitas, Escondido and Solana Beach.A former Encinitas mayor and City Council member, Gaspar is also a small business owner.Lawson-Remer has never held public office, but was endorsed by Gov. Gavin Newsom, Rep. Scott Peters and county Supervisor Nathan Fletcher. 2726

SAN DIEGO (AP) — Free agent pitcher Garrett Richards and the San Diego Padres have finalized a .5 million, two-year contract.Richards will earn million next year and .5 million in 2020 as part of the deal announced Friday. He can earn an additional .5 million annually in performance bonuses: 0,000 for each start from 21 through 30.Richards was 5-4 with a 3.66 ERA last season for the Los Angeles Angels before reconstructive surgery in July. The 30-year-old right-hander was 45-38 with a 3.54 ERA with the Angels since 2011.OFFICIAL: The #Padres have signed RHP Garrett Richards to a two-year contract through the 2020 season. pic.twitter.com/95MA7yFKUw— San Diego Padres (@Padres) December 7, 2018 721

SAN DIEGO (CNS) - A 41-year-old documented gang member was convicted Wednesday of murder and attempted murder in the shooting death of a career Navy man and the wounding of his cousin outside a comedy club at Horton Plaza.Jurors deliberated for nearly two days before finding Arrow Morris guilty of the two felony charges, in addition to sentence-enhancing allegations of using a firearm and three counts of being a felon in possession of a firearm, in connection with three guns investigators found during a search of his girlfriend's home.Morris, who is scheduled to be sentenced May 20, faces more than 80 years to life in prison for the killing of 43-year-old James Celani, who was struck in the head, neck and chest. His cousin was grazed in the leg.Deputy District Attorney Amy Maund said that on the night of June 10, 2017, following a violent confrontation with his girlfriend, Morris and his brother walked away from the club and encountered Celani and his cousin, who were walking past them in the opposite direction.Maund told jurors that either Celani or his cousin said "What's up?" to the Morris brothers as they walked past, to which Morris replied "Don't (expletive) talk to me," then began firing.The prosecutor said Morris, still in a rage over the confrontation with his girlfriend, took his anger out on Celani and his cousin, some of the first people he came across after leaving the club.The shooting happened to "a truly innocent, vulnerable victim," Maund said, "and it could have been anyone."Maund said several witnesses pointed to the shooter as a man wearing a red shirt, red hat and white jacket, which Morris can be seen wearing in surveillance footage from Horton Plaza and a 7-Eleven convenience store.Defense attorney Steward Dadmun contended that witnesses mistook his client for his brother, who, according to Dadmun, was the actual shooter. The whereabouts of Morris' brother was unclear."None of these witnesses passes the reasonable doubt test, not a single one of them," Dadmun told the jury.According to Dadmun, Morris had "no idea" his sibling was going to begin shooting, while Maund maintained that the altercation with his girlfriend left Morris enraged and prone to violence."The defendant was angry, the defendant had a gun and he wasn't backing down," the prosecutor said.Morris was arrested two days after the shooting during a traffic stop in Serra Mesa. 2411

SALTON SEA, Calif. (KGTV) - Four years ago a 10News crew traveled to Bombay Beach on the eastern side of the Salton Sea. This once thriving resort community is littered with abandoned homes and some of the 200 plus residents who still live there struggle to get out. People like the man who would only identify himself as “Bucky.”"We own two houses. We can't replace what we have into them,” says Bucky.  “Basically we're stuck. Me and my wife talked about it a couple of weeks ago I said, 'You know we're gonna die here.'"Bucky is like so many who call the Salton Sea home. They feel forgotten, hopeless, and helpless. In 2003 California Legislators promised to restore the dying sea and its vital ecosystem with almost -billion. But that promise, like so many others since, was broken to the people who live here.But two years ago Governor Jerry Brown allocated a mere -million in an attempt to avoid an enormous environmental disaster. That may seem like a lot of money, but as Senator Ben Hueso, whose district encompasses the Salton Sea explains, “-million is a drop in the bucket” for a problem of this size.        So, four years later our 10News crew decided to return to the Salton Sea to see how residents who live there are managing their lives and what that -million is being used for. We were surprised to find not much has changed. In fact, very little money has been spent, the situation is rapidly getting worse, and the people who live there fear more broken promises.There is no denying the Salton Sea is disappearing."This is the water line previously,” says Tony May who owns several houses near the shoreline in Salton City.May points to the back edge of his yard and down to a dusty beach below where water from the Salton Sea used to lap up on his property.“It was right here as of 1993,” explains May smiling remembering a time when the property was right on the water.Today the water line is no less than 300 yards away and separated by a dusty playa scattered with dead fish and a foul-smelling body of water that once was a prime resort for fishing and waterskiing.  And, it's only getting worse. The sea is shrinking more rapidly now that flows from the Colorado River were officially cut off at the beginning of 2018. Within years thousands of acres of seabed, like that behind Tony May’s home will be exposed. The waterfront property is now only a dream to May, the boat docks are entirely useless, and 300 yards of seabed that used to be 10 feet underwater, are now just a dusty beach. Playa that according to the Salton Sea Authority contains toxic chemicals like selenium, arsenic, and DDT. Tony and many others who live and work here, claim the dust from that dry beach is what's causing their respiratory issues."They can't breathe anymore, they're getting asthma,” says May.  “They never had asthma. I talk to the employees in town and they say the more that sea dries out the more it effects our health."The Salton Sea will never return to its riviera prime. The concern now is not so much saving the sea, but instead averting disaster by creating wetlands to control the dust storms.“Because it's a major problem. It's a very big problem," says Senator Ben Hueso from California’s 40th District and home to the Salton Sea.Senator Hueso has been fighting an uphill battle for this region for almost a decade."What is going to happen should this sea begin to dry up? We're going to see that exacerbate," says Hueso. "Right now Imperial County has cities with the poorest air quality in the country. Highest asthma rates in the country. The price tag of doing nothing to fix the Salton Sea is going to be costlier than actually putting some resource into fixing it."The price tag has always been a problem for the Salton Sea dating back 15 years. State officials promised to restore the Sea in 2003 with .9-billion. That promise, like many others for this region, was broken.In 2016 a mere million was allotted by Governor Brown in his budget, with promises of millions more to come. -million of that money would go towards staff and consultants to fix the Salton Sea. The remaining -million would go to actual construction. But two years later only million has been spent on staff and consultants according to Bruce Wilcox who is Assistant Secretary and an Ecologist with the Salton Sea Policy. Not a dime has been spent on construction of wetlands to mitigate the blowing dust. "This is the old marina.  And probably this is one of the most visually enticing places to see how far the water has receded," says Frank Ruiz with Audobon California looking over a desolate landscape that was once the thriving Salton City Marina.Ruiz’ job is to monitor the migratory birds who travel through the Salton Sea along the Pacific Flyway which stretches from Alaska to Patagonia at the southernmost tip of South America, shared by Argentina and Chile. "We should not wait until the crisis is on top of us. Because then the cost of inaction will be way too high,” adds Ruiz.A study conducted by the Pacific Institute estimates the cost of doing nothing with the Salton Sea could reach as little as -billion if nothing is done and possibly as much as -billion. Ruiz has watched the sea recede for years and says he fears the growth of respiratory issues, not just for those who live in this region but eventually as far away as San Diego. He's also witnessed a massive decline of migratory birds, which play a huge role in the ecology of the region."I think birds and wildlife are good indicators of how good or how bad your environment is. If the birds go, if the wildlife go, we will go next."If that’s true, as Senator Hueso mentioned, that -million absolutely will be a drop in the bucket. 5836