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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 (CNS) - A 16-year-old boy suspected of stealing a vehicle and leading police in San Diego on a short pursuit was hospitalized Monday evening with a broken hip after being ejected or jumping from the vehicle and being run over before the Jeep struck a traffic signal pole.Officers received information about a 2019 Jeep Compass stolen from the 3800 block of Fairmount Avenue about 7:20 p.m. and spotted the vehicle speeding and attempted to stop it near 54th Street and University Avenue, according to Officer John Buttle of the San Diego Police Department.The driver fled southbound on 54th Street and ran red lights, prompting the pursuit to be terminated, Buttle said.The suspect continued southbound on 54th Street, crossed into the northbound lanes and crashed in the Chollas Creek area into a traffic signal, where he was either ejected or tried to get out of the Jeep before it stopped and was run over, pinning his arm under a tire, Buttle said.Firefighters freed the suspect from under the Jeep and he was taken to a hospital with a fractured hip.Two 16-year-old girls in the Jeep were taken to a hospital to be evaluated, Buttle said. 1161
SAN DIEGO (CNS) - A Clairemont woman who fired a shot through the front door of her next-door neighbors' apartment after they complained about loud noises and yelling coming from her unit was sentenced today to 16 years in state prison.Brittany Lefler, 37, was convicted in May of four counts of assault with a semiautomatic firearm and one count each of making a criminal threat, shooting at an inhabited dwelling and child endangerment.Superior Court Judge Joan Weber said the defendant's addiction to alcohol led to the terrifying events of Dec. 29, 2016."This is a woman who really tried to kill people,'' the judge said. ``Alcohol led her to that.''Deputy Alternate Public Defender Gilson Gray unsuccessfully argued for a lesser sentence, calling Lefler's actions "significant recklessness'' while stressing that one shot was fired.PREVIOUS REPORT: Topless Clairemont suspect in custody after 8-hour standoffBut Deputy District Attorney Michael Reilly said Lefler pointed a gun in the face of one of her neighbors when he opened the door, saying, "I've got my finger on the trigger.''Reilly said one of the victims grabbed her 11-year-old daughter from behind the door just before Lefler fired the shot.Had Lefler fired a few seconds earlier, she might have been looking at first-degree murder, the judge told the defendant."You gave control of your life to alcohol,'' Weber told Lefler. ``Can you believe you're capable of trying to kill people?''A tearful Lefler apologized to the four victims, who were not in court for the sentencing hearing."I'm truly sorry for putting your whole family in danger,'' she said.Lefler vowed to get help for her alcoholism "so something like this doesn't happen again.''During the trial, Reilly said Lefler had been drinking and was "out of control'' and "verbally abusive'' after Erick Morales called police about 1 a.m.Morales and her roommates told police that Lefler kept banging on the wall and screaming in her apartment on Beadnell Way.When officers responded, Lefler wanted to know who called the police on her, according to body-worn camera evidence.Morales' 19-year-old son said at one point he went outside and asked Lefler to "keep it down,'' but she reached into her boot and pulled out what looked like a gun and he ran back inside."She (Lefler) said, 'C'mon outside, I'll bust a cap in you,''' Henry Molina testified.The witness said he had overheard Lefler telling police that she kept a gun for "things like this.''After he shut the door around 5 a.m., Molina testified that he heard another bang and his mother said, "She's shooting! She's shooting!,'' referring to Lefler.Reilly told the jury that Lefler pointed her gun at everyone in Morales' apartment -- including her boyfriend, 11-year-old daughter and son -- before pulling the trigger."She (Lefler) did it on purpose,'' the prosecutor said. "In a moment of anger and fury, she shot through that front door. Ms. Lefler sent a message with a bullet through that front door. She can't do that!''Gray told the jury that Lefler called 911 multiple times that night, but police did not help her.Lefler was home alone, scared and outnumbered by her complaining neighbors, Gray said. He told the jury that Lefler was ``practicing'' pole dancing inside her residence.Both sides were yelling at each other and Lefler fired the shot accidentally when a door suddenly slammed, according to Gray. 3408
SALT LAKE CITY (AP) — Former Disney Channel actor Stoney Westmoreland has been charged with six felony counts after authorities said he tried to have sex with a 13-year-old boy.Prosecutors say the 48-year-old Westmoreland was on the dating app Grindr when he found a profile operated by a police detective in Salt Lake City, near the location of the show "Andi Mack."A message left with Westmoreland's agent, Mitchell Stubbs, was not immediately returned.Charging documents say Westmoreland was arrested Dec. 13 after he took a car to meet the boy so they could go back to his hotel room.Charges filed Friday include attempted exploitation of a minor and enticing a minor.Westmoreland has been dropped from his role as the grandfather of the teenage title character in the Disney show.Westmoreland's other acting credits include "Scandal" and "Breaking Bad." 866
SAN DIEGO (AP) — Former Congressman Darrell Issa is poised to end a political retirement that started only last year when he lost his seat in a Democratic wave that turned over seven Republican-held California districts. Issa scheduled a news conference for Thursday and will announce he's seeking the seat held by fellow Republican and longtime-U.S. Rep. Duncan Hunter, who is running for re-election while under indictment on corruption charges, said Larry Wilske, a retired Navy SEAL and Republican also running in Hunter's San Diego-area district.In an interview with The Associated Press on Wednesday, Wilske said Issa told him he will run. Wilske plans to drop out and support Issa. Issa's entry will make the district near the U.S.-Mexico border one of the most closely watched races in the country.RELATED: Former Rep. Darrell Issa launches exploratory committee in challenge to Rep. Duncan HunterHunter and Issa could wind up going head-to-head under California's primary system which allows the top two vote-getters, regardless of party, to compete in the general election.The move puts Hunter in an increasingly uncomfortable position, given Issa's deep pockets and reputation as a chief antagonist against former President Barack Obama, which could play well in one of Southern California's last staunchly Republican districts.Hunter narrowly won re-election against Ammar Campa-Najjar, a young Democrat who came within 3.4 percentage points of winning the seat in November in his first run for Congress.Campa-Najjar said Issa joining the field of candidates "just highlights the fact that Hunter is vulnerable and we're viable, and that Washington insiders are scrambling to find somebody who could effectively challenge our campaign."Issa, a former nine-term congressman, who made his fortune through a car-alarm company, formed an exploratory committee last month and was widely known to be considering a run. He retired from his long stint in Congress before the 2018 election in a neighboring district that he narrowly won two years earlier.Issa's decision comes after his confirmation hearing to be director of the U.S. Trade and Development Agency was delayed indefinitely.Wilske said Issa, 65, is a safer bet that Hunter's district will remain in Republican hands, and his many years in the House pave the way for him to become a ranking member on committees."He is rock solid and has enough financially to lock this down," Wilske said.El Cajon Mayor Bill Wells, who also was running for Hunter's seat, said he too plans to bow out and back Issa."I think he's the one in the best position to win and get something done," Wells said. "We need to get back to the business of having a presence in Washington."Hunter has said he has no plans to step down despite being indicted. He is scheduled to be tried in January for allegedly siphoning campaign money for personal use.The 42-year-old Marine combat veteran is also being challenged by Republican Carl DeMaio, a radio host and former San Diego city councilman with broad name recognition.The San Diego County Republican Party is scheduled to consider an endorsement Oct. 14.Republicans have a big advantage in voter registration in California's 50th district, which covers east San Diego County and a small part of southern Riverside County.Hunter won a sixth term last year, barely two months after he and his wife were charged with using more than 0,000 in campaign funds for personal expenses ranging from groceries to golf trips and family vacations. Margaret Hunter has pleaded guilty to one corruption count and agreed to cooperate with investigators.Hunter, whose father represented the district in Congress for 28 years, has pleaded not guilty and framed the charges as political attack by prosecutors sympathetic to Democrat Hillary Clinton's 2016 presidential bid. 3855