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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

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

SALEM, Ore. (AP) — The death toll from the wildfires raging on the West Coast stands at least 33, with authorities saying nearly all of the dozens of people reported missing after a devastating blaze in southern Oregon have been accounted for. The flames have destroyed neighborhoods, leaving a barren, gray landscape in their wake, driven tens of thousands of people from their homes and cast a shroud of smoke over the region. The crisis has come amid the coronavirus outbreak, the economic downturn and nationwide racial unrest that has led to protests in Portland for more than 100 days. 599

SAN DIEGO (CNS) - A 40-year-old man was shot and wounded while riding his bicycle early Saturday morning in Logan Heights.The shooting was reported at 1:20 a.m. in the 2900 block of Marcy Avenue, said San Diego police Sgt. Michael Tansey.The victim was riding his bicycle on the sidewalk westbound on Marcy Avenue when someone inside a black Jeep Cherokee that was parked along the north side of the street exited the passenger side and fired several rounds at the victim, Tansey said.The bicyclist was struck twice by the gunfire and fled on his bicycle. He rode into a fast food restaurant in the area of 29th Street and National Avenue, where he was taken to a hospital for treatment of non-life-threatening wounds, Tansey said.The victim sustained a gunshot wound to his buttocks and left lower leg, Tansey said.The gunman was described as Hispanic, in is mid 20s, wearing a black shirt and dark pants, according to Tansey. 935

SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761