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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 BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072

SAN DIEGO (CNS) - A fire of unknown origin caused an estimated 0,000 worth of damage Friday to a warehouse just north of the U.S.-Mexicoline in Otay Mesa.The blaze on the second floor of the unoccupied two-story building in the 9900 block of Via de la Amistad was reported about 7:30 a.m., according tothe San Diego Fire-Rescue Department.It took firefighters about a half-hour to fully extinguish the flames, SDFRD spokeswoman Monica Munoz said. No injuries were reported.Investigators set the monetary losses at 0,000 to the structure, which is used by a freight-transfer business, and 0,000 to contents, Munoz said. 635

SAN DIEGO - Video showing Customs and Border Protection agents detaining a mother of three in National City, California has sparked outrage in the community. 165

SACRAMENTO, Calif. (KGTV) - While some California counties are seeing stable rates of coronavirus cases and hospitalizations, others are seeing numbers they say raise concerns, according to the California Department of Public Health."We actively monitor all 58 counties and their current data," Governor Gavin Newsom said at a press conference on Monday.According to the California Department of Public Health's website, "The state will work closely with Local Health Departments to identify action steps and timelines for addressing issues that impact indicators of concern.”"We are providing technical assistance, we are providing resources, human resources and physical resources," Newsom said.As of Wednesday, state officials were working with 10 counties that have impact indicators of concern.At a Santa Barbara County Board of Supervisors meeting earlier this week, health officials explained the state's concern about hospitalizations.Health officials told the board, they were working to find out if the increase was in Santa Barbara County residents hospitalized or people from outside the county."What this means is we will be meeting with the state (Wednesday), the team, to talk about the drivers of the increased hospitalization and what our next steps in addressing and monitoring a stable hospitalization," Santa Barbara County health officials said on Tuesday.Other counties on the list are dealing with things such as elevated disease transmission potentially from public protests with large numbers of people in close proximity without face coverings and outbreaks in skilled nursing facilities and prisons.According to the California Department of Public Health's website, "Over the past several months, California has used data and science to drive our response to COVID-19. The county data posted below is intended to give Californians insight into how their county is doing and provide some early indication of developing areas of concern.""It is incumbent upon state and local governments, business sectors, and individuals to work together and take actions that limit the transmission of COVID-19. Only together can we make a difference," the site says. "Opened sectors should follow state guidance on how to reduce risk to the public, and individuals should continue to practice safety precautions such as wearing face coverings in public, physical distancing of at least six feet, frequent handwashing, and disinfecting surfaces. Those over 65 or those with underlying health conditions should continue to stay at home."Health officials say if a county that is being monitored meets the state threshold criteria three consecutive days, that indicator will no longer be flagged. 2712

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