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SAN DIEGO — Governor's Gavin Newsom's order on Monday shutting down indoor operations at San Diego County gyms, hair salons, and malls set off a mad scramble. Businesses able to move outside had to figure out how to make it work - in order to make it through.North Park's Last Real Gym on University Avenue is one of them. On Wednesday, owner Frank Koll and a few of his staffers moved equipment out onto Iowa Street. It was the only way to survive - because Koll exhausted all of his Paycheck Protection Program funds that got him through the first shutdown."Closed again is something physically, financially and mentally something I can't do, and I won't do, so I will be like a chameleon and adapt to anything that this governor throws my way," Koll said. The gym moved the equipment on the sidewalk and also has an interior outdoor space to utilize. By Wednesday just after 12 p.m., a half-dozen people were working out on the sidewalk, including Felicia Brown, a regular who drives all the way from Spring Valley. "I think it's just businesses being creative and saying - 'You know what? We can't afford another shutdown for two, three, four months,'" she said. The county says impacted businesses are able to operate outside or under well-ventilated tents. That rule, however, doesn't apply to salons due to state regulation, which says they can only cut hair inside. The city of San Diego has acted to give restaurants and retailers more leeway to expand into the street. The governor has not given a date for when his latest restrictions will lift. 1566

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three 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.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO (AP) -- The Navy says it will decommission a warship docked off San Diego after suspected arson caused extensive damage, making it too expensive to restore.Officials said Monday that fully repairing the USS Bonhomme Richard to warfighting capabilities would cost .5 billion to billion and take five to seven years.The amphibious assault ship burned for more than four days in July and was the Navy's worst U.S. warship fire outside of combat in recent memory.In a statement, Navy Secretary Kenneth J. Braithwaite said, “We did not come to this decision lightly. Following an extensive material assessment in which various courses of action were considered and evaluated, we came to the conclusion that it is not fiscally responsible to restore her. Although it saddens me that it is not cost effective to bring her back, I know this ship’s legacy will continue to live on through the brave men and women who fought so hard to save her, as well as the Sailors and Marines who served aboard her during her 22-year history."A senior defense official said in August that arson is suspected as the cause of fire and that a sailor was being questioned as a potential suspect.RELATED COVERAGE:-- Sources: Sailor under investigation for arson in USS Bonhomme Richard ship fire-- Arson expert: Investigation of USS Bonhomme Richard fire may take more than a year-- Regulators say smoke from ship fire not a health risk-- Navy Admiral meets, thanks sailors who put out ship fire-- Navy ship fire causing air quality problems in San Diego-- Two sailors who battled ship fire test positive for coronavirus-- Navy officials say all known fires aboard USS Bonhomme Richard are out-- PHOTOS: Fire erupts aboard Navy ship 1728

SAN DIEGO (CNS and KGTV) - The newly elected San Diego City Council members from districts 2, 4 and 8, as well as re-elected District 6 City Councilman Chris Cate, were sworn in Monday.Outgoing council members Lorie Zapf and David Alvarez gave parting remarks at the ceremony where incoming members Jennifer Campbell, Monica Montgomery and Vivian Moreno were officially welcomed to the 72nd City Council. Outgoing District 4 City Council President Myrtle Cole did not attend.Campbell, a physician and a Democrat who defeated Zapf, a Republican, in District 2 with nearly 58 percent of the vote, compared the job of a council member to her work as a family doctor."Each profession is focused on preventing and solving problems," she said. "In both, we listen to your problem, we learn the history of it, we make a diagnosis and provide a pathway to a cure. And that is how I will serve as District 2's representative in City Hall."Campbell flipping Zapf's seat gives Democrats a 6-3 supermajority on the technically nonpartisan council for at least the next two years."When we work together and we focus less on politics and focus more on the priorities of our communities, there is no challenge too great or obstacle too high that we cannot overcome," Mayor Kevin Faulconer said.Montgomery, a civil rights attorney, ousted Cole in District 4 by painting the incumbent as a City Hall insider out of touch with her own district. Montgomery finished with 57.7 percent of the vote and received the biggest applause, by far, of the four council members taking the oath of office."My prayer is that I never lose sight of the community that sent me to City Hall to do one job, and that is to advocate for you," Montgomery said. "On November 6, 2018, District 4 said `no more' ... No more giving away of our community resources to special interests, no more back-door deals to decide our community's fate, no more supporting leaders who abandon our community and no more leaving out children behind."Montgomery said the City Council can do more to reach its climate action goals, examine police practices, and pursue economic justice. Despite being a Democrat, Cole was Faulconer's closest left-of-center ally on the council over the last two years.“I’m confident that we’re going to work well with all of our colleagues... All of our colleagues,” said Council President Pro-Tem Barbara Bry.Moreno replaced her boss, the termed-out David Alvarez, in District 8. While she is expected by some City Hall observers to tread largely the same path as Alvarez did in his time on the council, her election signifies the first time in city history that a majority of the council members are women."This is an historic day for our city," said Councilwoman Barbara Bry. "We have five women -- five strong women from diverse backgrounds are going to constitute a majority of our San Diego City Council."Moreno finished with 50.9 percent of the vote, 549 votes ahead of San Ysidro school board member Antonio Martinez."People want to know that City Hall is working for them, not for outside interests or those with their own agenda," Moreno said. "They want to know that their elected officials listen to them and do all they can to help. To the communities of District 8, I promise to bring City Hall to you."Campbell, Montgomery and Moreno voted Monday afternoon with the rest of their council colleagues to elect Georgette Gomez as council president. She will set the agenda for future meetings. Bry, Georgette Gomez and Chris Ward are the senior Democrats on the council. City Hall observers portray the vote as coming down to Gomez and Bry, the council's current president pro tem and a possible mayoral candidate in 2020. 3715

SAN DIEGO (CNS) - A 1,115-acre vegetation fire at the Camp Pendleton Marine Base was extinguished today, base officials said.The Camp Pendleton Fire Department put out the fire at about 9:30 a.m. Sunday after battling the blaze overnight.The fire began Saturday and was first reported after 5 p.m. to have charred 220 acres, sending smoke over North County.The fire burned in the X-ray impact area, which is used for artillery and mortar training. 455