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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 (AP) — A federal judge has knocked down a cornerstone border policy of the Trump administration that denies asylum to people who travel through another country to reach the Mexican border without first seeking protection in that country. Judge Timothy Kelly says authorities violated federal rule-making procedures by not seeking public feedback before putting the policy into effect in July 2019. A week ago, the Supreme Court ruled that the government can deport some people seeking asylum without allowing them to make their case to a federal judge. The decision applied to people who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal.The immediate impact of the judge's ruling on Tuesday is diminished by a coronavirus pandemic-related measure to quickly expel people who cross the border illegally and block asylum-seekers at official crossings. 921

San Diegans who recently saw Hamilton at the Civic Theater downtown, or had any business at City Hall may have parked in the massive garage that's just steps from both buildings.The city owns that 1,140-space parking garage, called the Evan Jones Parkade - for the founder of Ace Parking.Many city workers also use it daily, since they get an employee discount. But the garage has also become a source of frustration among them - and in some cases, much worse. Numerous city employees told 10News that the elevators often breakdown, especially when it rains. That forces some of them to walk up 10 flights of stairs after a day's work - instead of waiting longer for the elevators that are working.But a notice posted on the city's website paints a much darker picture. It says the city has responded to more than 200 calls for service for the elevators in the last year, and that breakdowns have increased 20 percent in the last six months. "The elevators have now become unsafe," the notice says. "There is the increased possibility of persons being trapped in a broken-down elevator, needing immediate medical attention and not being able to get it."Additionally, the permit posted in one elevator is two years expired."I'm going to zip up there and hopefully everything wil work out fine," said Andy Jones, of Scripps Ranch, who parked on the 10th floor in a visit to City Hall. "That's a lot of stairs to climb."City spokeswoman Nicole Darling said the elevators are safe and routinely inspected. She said the notice is actually an environmental document, and was strongly worded to speed up approval for repairs.The city plans to replace the controls for all four of the building's elevators, for .8 to .2 million, but doesn't have a start date. A spokeswoman for Department of Industrial Relations says the elevator permits actually expired in September, but the city was late on requesting its permit renewal. The city sent the request last week.    2034

SALT LAKE CITY, Utah -- The family of Bernardo Palacios, who was shot and killed by Salt Lake City police in late May, plan to file a civil action lawsuit following a ruling from the district attorney's office, which stated the officers were justified in their use of deadly force.“To see the despair and disappointment on their faces, is something I don’t want to relive,” said attorney Nathan Morris, as he stood in-front of a room full of members of the media Thursday.Next to Morris, a fellow attorney, Brian Webber – beside him, the grieving family of Bernardo Palacios; a 22-year-old man was shot and killed by Salt Lake City Police officers who were responding to calls for threats with a gun in the early morning hours of May 23.“Today, the Salt Lake District Attorney, Sim Gill, announced no criminal charges will be filed,” Morris said as he read a prepared statement from the Palacios family regarding the officers who shot and killed Bernardo. “As a family and as a community we are deeply disappointed and grieved.”Morris continued to read, reiterating findings divulged in the DA’s ruling which found Bernardo was shot at least 34 times.“Officers continued to empty clips after he fell to the ground,” Morris read. “Police officers repeatedly pulled the trigger for 9-seconds.”The barrage of gunfire can be heard and seen from multiple vantage points through the officers’ body camera footage.The family and their representation, said, based on the weeks following Bernardo’s death, they had hoped Gill would press charges against the officers who fired shots.When body camera footage was released, many members of the community came together in public protest, supporting the Palacios family.The Palacios family vowed to continue to fight for justice when Bernardo was laid to rest June 10 -- all the while, eagerly awaiting a ruling from the Salt Lake District Attorney’s Office as to whether or not the officer’s use of force was justified.Community support continued over the following weeks as his portrait was added to a wall of murals, featuring those who had died at the hands of police, off of 800 South and 300 West downtown.“The DA’s unwillingness to prosecute [these officers] makes a mockery of the protesting public,” the family statement continued.Morris and Webber said they intend to file a civil action lawsuit in the coming days, and will continue to fight on behalf of the family until they see change.In order to obtain justice for Bernardo, Morris said the family wanted to see changes to police policy and trainings, ask the legislature to take concrete steps in preventing police brutality and to hold the officers responsible accountable.“Bernardo’s death cannot be forgotten and we pray that justice will be accomplished,” Morris said.Following the family statement and question and answers with the attorneys, the family – comprised of Bernardo’s sister and brother, Karina and Freddie, his mother, Luci and a niece – spoke for themselves.“I feel very upset,” Bernardo’s mother Luci said in Spanish, as tears filled her eyes. “That decision was not one of justice, because my son isn’t with us today.”“I am not living anymore, I feel like I can’t breathe, you can’t imagine what it’s like for a mother whose son was killed like mine,” she continued. “I can’t sleep, my house has lost its happiness because that’s what he brought to it.”“I feel like I’m dying, down to my bones, I’m in pain, all because I don’t have my son with me,” she concluded as she wiped away tears.The family went on to thank the community for their support and ask that the protests not lose steam.An internal investigation at SLCPD is ongoing.Watch the entire press conference with the family below. 3723

SAN DIEGO (CNS) - A 28-year-old man was hospitalized Monday with non- life-threatening wounds to his leg and hand after he was shot by another man in a parking lot near Mission Bay, police said.The shooting happened around 7:10 p.m. Sunday in a parking lot in the 2600 block of Ingraham Street, north of West Mission Bay Drive, San Diego police Sgt. Kevin Gibson said.The 28-year-old man was standing alone in the parking lot when another man approached him and fired five shots, striking the victim in the leg and the hand, Gibson said.The victim was taken to UC San Diego Medical Center for treatment of his injuries, which were not believed to be life-threatening, the sergeant said.No detailed suspect description was immediately available.One person was detained at the scene and later arrested on unrelated charges, Gibson said. The nature of those charges was not disclosed.Detectives from the San Diego Police Department's special operations unit were investigating the circumstances leading up to the shooting. 1027