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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

SALEM, Mass. (AP) — A lawsuit filed by the Satanic Temple alleges an advertising company unfairly refused to display billboards promoting a ritual offered by the group to help people bypass abortion rules in some states. The group, based in Salem, Massachusetts, announced Wednesday that it sued Lamar Advertising in Arkansas state court for alleged religious discrimination. The Louisiana-based company did not immediately respond to a request for comment. The Satanic Temple says Lamar refused to display eight billboards in Arkansas and Indiana promoting what the group calls its “religious abortion ritual.” The Satanic Temple describes the ritual as a “sacramental act that confirms the right of bodily autonomy.”By performing the ritual, the group says, people can claim a religious exemption from mandatory waiting periods, counseling, ultrasounds and other measures that some states require before an abortion can be performed.The group says it submitted five designs to Lamar to be displayed near crisis pregnancy centers. In one of the images, a bowl of cake batter is shown with the text, “not a cake,” next to an image of a sperm and egg with the text “not a baby.” It’s accompanied by text saying, “Our religious abortion ritual averts many state restrictions.”Lamar rejected the billboards and said their content was “misleading and offensive,” according to the suit. The Satanic Temple alleges that the rejection was based on religious discrimination. 1474

SAN CARLOS, Calif. (KGTV) -- Police are searching for a suspect caught on video stealing a bike from a San Carlos garage in late October. According to police, the theft happened on the 6600 block of Bell Bluff Avenue on October 25 around 2 p.m. Police say the suspect backed his truck into the victim’s garage before using bolt cutters to cut a lock and steal a M80 mountain bike. According to police, the theft wasn’t the first time mountain bikes were stolen from the same home. On October 13 and 15, the victim had two other mountain bikes stolen from the garage. The total value of the three bikes is ,000, police say. At this time, it’s unknown if the same suspect is responsible for all three thefts. The suspect is described as a white male in his 30s or 40s with short, blonde hair and a full beard. After the second theft, police say the victim installed security cameras, which captured the third theft. Watch video of the incident below: 960

SAN DIEGO (CNS) - A former investigator with the Department of Homeland Security was sentenced today to more than a decade in federal prison for taking drug money seized during his work as a federal agent, then laundering the funds that he used for personal expenses.Tyrone Cedric Duren, 50, who pleaded guilty to nearly 20 federal counts last year, was sentenced to 130 months in custody, plus three years of supervised release.U.S. District Judge John Houston also ordered the forfeiture of Duren's Bonsall home, a 5,000 money judgment and restitution to the Internal Revenue Service, according to the U.S. Attorney's Office.Duren was assigned to a bulk cash smuggling task force and, as part of his work, would investigate suspected drug traffickers transporting cash.After seizing money during those investigations, he would deliberately fail to report the cash and used the money for his and his families' own personal expenditures, including real estate and international travel, according to the U.S. Attorney's Office.Over the course of several years, Duren also placed GPS trackers on vehicles used to move drug proceeds, prosecutors said.Prosecutors cited an example from 2014, in which Duren tracked a vehicle heading toward Mexico, which was stopped at a Border Patrol checkpoint.After Duren seized cash found hidden in laundry detergent boxes in the vehicle, he took more than 0,000 for himself, which was later deposited into business and personal accounts to conceal those thefts,'' the U.S. Attorney's Office said.In addition, prosecutors say he didn't file taxes in 2013 to hide stolen funds and lied ``numerous times'' to investigating agents. 1675

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