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SAN DIEGO (AP) — The Navy has denied a request for clemency and upheld a military jury's sentence that will reduce the rank of a decorated Navy SEAL convicted of posing with a dead Islamic State captive in Iraq in 2017.A spokesman for naval operations, Cmdr. Nate Christensen, said Tuesday that Adm. Mike Gilday made the decision after careful review of the trial and the clemency request by lawyers for Edward Gallagher.Gallagher's lawyer, Timothy Parlatore, says they are disappointed and only a presidential tweet could change things. He says Gallagher will now lose up to 0,000 when he retires because of his loss of rank.RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four monthsA military jury acquitted Gallagher this summer of murder in the killing of the wounded captive and other charges. 829

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

SALT LAKE CITY, Utah -- A woman was arrested after she allegedly threw a bag full of vomit at St. Mark's Hospital in Salt Lake City.West Valley police say Shaynell Pamela Payne, 25, entered the hospital's emergency room Tuesday night. After her arrival, Payne allegedly became argumentative and combative with the hospital staff.After Payne threw up in the emergency room, staff members handed her towels to clean up the vomit. When she threw up a second time in a bag, Payne reportedly became agitated when asked to calm down and threw the bag of vomit at a nurse.According to a police report, Payne attempted to leave the hospital after striking the nurse and assaulting other members of the medical staff.A police officer attempted to arrest Payne, who tried to grab the officer's hands and pull away. Payne was eventually pushed against a wall and put into handcuffs.Payne was charged with assault or threat of violence on health care providers, and interference with an arresting officer.This story was originally published by Jeff Tavss at KSTU. 1059

SAN DIEGO (AP) — U.S. immigration authorities separated more than 1,500 children from their parents at the Mexico border early in the Trump administration, the American Civil Liberties Union said Thursday, bringing the total number of children separated since July 2017 to more than 5,400.The ACLU said the administration told its attorneys that 1,556 children were separated from July 1, 2017, to June 26, 2018, when a federal judge in San Diego ordered that children in government custody be reunited with their parents.Children from that period can be difficult to find because the government had inadequate tracking systems. Volunteers working with the ACLU are searching for some of them and their parents by going door-to-door in Guatemala and Honduras.Of those separated during the 12-month period, 207 were under 5, said attorney Lee Gelernt of the ACLU, which sued to stop family separation. Five were under a year old, 26 were a year old, 40 were 2 years old, 76 were 3, and 60 were 4."It is shocking that 1,556 more families, including babies and toddlers, join the thousands of others already torn apart by this inhumane and illegal policy," said Gelernt. "Families have suffered tremendously, and some may never recover."The Justice Department declined to comment.The count is a milestone in accounting for families who have been touched by Trump's widely maligned effort against illegal immigration. The government identified 2,814 separated children who were in government custody on June 26, 2018, nearly all of whom have been reunited.The U.S. Health and Human Services Department's internal watchdog said in January that potentially thousands more had been separated since July 2017, prompting U.S. District Judge Dana Sabraw to give the administration six months to identify them. The ACLU said it received the last batch of 1,556 names one day ahead of Friday's deadline.The administration has also separated 1,090 children since the judge ordered a halt to the practice in June 2018 except in limited circumstances, like threats to child safety or doubts about whether the adult is really the parent.The ACLU said the authorities have abused their discretion by separating families over dubious allegations and minor transgressions including traffic offenses. It has asked Sabraw to more narrowly define circumstances that would justify separation, which the administration has opposed.With Thursday's disclosure, the number of children separated since July 2017 reached 5,460.The government lacked tracking systems when the administration formally launched a "zero tolerance" policy in the spring of 2018 to criminally prosecute every adult who entered the country illegally from Mexico, sparking an international outcry when parents couldn't find their children.Poor tracking before the spring of 2018 complicates the task of accounting for children who were separated early on. As of Oct. 16, the ACLU said, volunteers couldn't reach 362 families by phone because numbers didn't work or the sponsor who took custody was unable or unwilling to provide contact information for the parent, prompting the door-to-door searches in Central America.Since retreating on family separation, the administration has tried other ways to reverse a major surge in asylum seekers, many of them Central American families.Tens of thousands of Central Americans and Cubans have been returned to Mexico this year to wait for immigration court hearings, instead of being released in the United States with notices to appear in court.Last month, the administration introduced a policy to deny asylum to anyone who passes through another country on the way to the U.S. border with Mexico without seeking protection there first. 3736

SAN DIEGO (CNS and KGTV) - San Diego's City Council voted 6-3 Tuesday night to place restrictions on sleeping and living in vehicles on city streets and parking lots.The vehicle habitation ordinance goes into effect immediately and restricts people from living in their vehicles anywhere within 500 feet of a school or residence. It also places an overnight ban between from 9 p.m. to 6 a.m. anywhere in the city, with the exception of approved lots. According to a news release from the city, the ordinance aims to address illegal dumping, public urination and drug use on city streets and in parking lots. “We are creating a balance that provides opportunities to those in need while protecting our neighborhoods from behavior that creates unsanitary conditions and hurts quality of life,” Mayor Faulconer said. “If you want to work toward finding a permanent home, we have programs that can help. We will not allow the proliferation of ‘van life’ culture that takes advantage of San Diego’s generosity and destroys community character.”The ordinance will be enforced using criteria including sleeping, bathing, meal preparation, grooming items and containers of human waste. Councilmember Monica Montgomery, who voted against the ordinance, released a statement after the vote expressing disappointment. 1315

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