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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 — Rep. Duncan Hunter (R-California) spoke Tuesday morning to a group of women who support him despite accusations that he and his wife misused campaign funds.“Women Volunteers in Politics” gathered for the speech at the Bali Hai restaurant on Shelter Island, near the district in southern California which Hunter represents. The event was booked months before Rep. Hunter’s indictment.Hunter spoke to Scripps station KGTV before the event.“Leave my wife out of it, leave my family out of it. It’s me they’re after anyway. They’re not after my wife; they want to take me down, that’s what they’re up to. So let’s get this in the arena and have this settled,” said Hunter.DUNCAN HUNTER INDICTMENT:Extramarital infidelity, excessive drinking discussed in 775

SAN DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968
SAN DIEGO — San Diego County is falling into the state’s most restrictive tier of Coronavirus restrictions, just as holiday shopping season kicks off.Under the purple tier, retailers are limited to 25 percent capacity in their stores, down from 50 percent that they had been operating under.Ariel Hujar, who owns the Whiskey and Leather boutique at One Paseo, stocked up on all sorts of gifts for the holidays, including books, cocktail shakers and card games.“We prepare, we buy extra so if we don't sell it during this time it's really hard on us,” she said.The new tier is the latest turn in a topsy turvy year that has seen retailers go from curbside pickup only to 50 percent in store capacity, cut to 25 percent. The new tier takes effect at midnight Saturday "It doesn't help me to be angry about the loss of business," said Nancy Warwick, owner of Warwick's bookstore in La Jolla. "What we can do is just do our best right now and hope that customers still support us."At Grossmont Center's Prevue Formal and Bridal, General Manager Caitlin Todd said walk-ins could soon have to be turned away. While bridal sales are up, sales of prom dresses are down 90 percent.“It's been kind of just hanging on tight and figuring it out day by day,” Todd said. “We do have to create a new way of setting up our store, but that's just what everyone's used to doing now - changing everything."Miro Copic, a marketing professor at San Diego State University, said social media marketing and offering discounts of even 5 to 10 percent could make the difference.“For some of these retailers it will be a decision between life and death, of, will their business go forward, and are they willing to break even to ensure that they continue, versus trying to make sure they eke out a profit,” he said.The state says jobs in the county's general merchandise retail stores are down about 12 percent from a year ago. 1908
SAN DIEGO (CNS) - A Baja California resident pleaded guilty today in San Diego to operating an unlicensed money transmitting business in connection with the sale of hundreds of thousands of dollars in Bitcoin to more than 1,000 customers throughout the United States from January 2015 to April 2016.According to his plea agreement, Jacob Burrell-Campos, 21, admitted to operating a Bitcoin exchange without registering with the Financial Crimes Enforcement Network of the U.S. Treasury Department, and without implementing the required anti-money laundering safeguards.Burrell advertised his business on Localbitcoins.com, and communicated with his customers through email and text messages, often using encrypted applications, according to the plea agreement.Burrell negotiated a commission of 5 percent above the prevailing exchange rate, and accepted cash in person, through nationwide ATMs, and through MoneyGram. Burrell admitted that he had no anti-money laundering or "know your customer" program, and performed no due diligence on the source of his customers' money, according to the U.S. Attorney's Office.The defendant initially purchased his supply of Bitcoin through a U.S.-based, regulated exchange, but his account was soon closed because of a large number of suspicious transactions. He then resorted to a cryptocurrency exchange in Hong Kong, where he purchased a total of .29 million in Bitcoin, in hundreds of separate transactions, between March 2015 and April 2017, according to federal prosecutors. Burrell also admitted that he exchanged his U.S. currency, which he kept in Mexico, with Joseph Castillo, a San Diego-based precious metals dealer.Between late 2016 and early 2018, Burrell and others imported more than million in U.S. currency on almost a daily basis. Burrell admitted that they did this in amounts slightly below the ,000 reporting requirement.Castillo pleaded guilty to making a false statement on his federal tax returns and will be sentenced in December.According to his plea agreement, Burrell agreed to forfeit more than 3,000 to the United States. He will be sentenced in February. 2154
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