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SAN DIEGO — Tony Ganaway took full advantage of the space in front of him. He had three tents set up in the parking lot of the College Area strip mall where he and his colleagues could deliver haircuts outside."It's on us as owners and entrepreneurs to sit here and find a way everyday," said Ganaway, who owns the Cutt'n Edge barber shop. 'Hearing the word 'no' is something you've got to get used to when you're trying to make it in life."Ganaway says the afternoon was busy as people lined up for his signature service. It was the first day operating under new state rules for haircuts to help stop the spread of the Coronavirus. The rules allowed hair stylists to operate outdoors, or under shaded coverings that allow normal airflow. The rules also restrict the kinds of services that can be conducted outdoors, including eliminating big money makers like coloring services. For some salons, that's a deal breaker and they'd rather just stay closed."It's business suicide for our industry," said Corinne Lam, who decided not to reopen Salotto Salon in Rancho Bernardo. "It's unsanitary, the elements are uncontrollable, people will be sweating under cutting capes, and it is just unfathomable."In a statement, the California Department of Consumer affairs stood by the new rules."The situation is fluid and the environment is constantly changing, but for now, personal care facilities that are on the statewide monitoring list must follow the Governor's directive not to operate services indoors," spokeswoman Cheri Gyuro said. Lam said regular haircuts make up just 15 percent of her business, and she spent ,000 making the inside of her salon safer. Meanwhile, she's exhausted all of the Paycheck Protection Program funds that helped her through the first shutdown, 1782

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) — A U.S. sailor has pleaded guilty to two counts of espionage and was sentenced to three years after admitting he took classified information about the Navy's nuclear-powered warships and planned to give it to a journalist and then defect to Russia, officials said Friday.U.S. Navy Petty Officer 2nd Class Stephen Kellogg III wished to publish an expose on waste within the military and admitted he wanted to share the information with Russians, said Jeff Houston of the Naval Criminal Investigative Service in an email to The Associated Press.According to Navy court documents, Kellogg, 26, was in contact with Sevmash, Russia's largest shipbuilding enterprise and only nuclear submarine producer. He admitted he knew releasing the information could degrade the ability of nuclear-powered warships, and therefore cause injury to the United States.Neither Kellogg nor his lawyers could be immediately reached for comment.Authorities learned of his plans after arresting Kellogg, on Aug. 27 for drunken disorderly conduct at the San Diego airport where he was stopped by a Delta Air Lines employee from boarding a flight to New York City because he was being belligerent, according to court documents.He had bought a one-way ticket and planned to meet a friend from high school who is a journalist who lives in New York City and told the person he had a big story, according to investigators and court documents.Kellogg knew if the information became public, potential adversaries would likely know the capabilities and limitations of the United States' nuclear-powered warships, according to his pre-trial agreement.Kellogg, who joined the Navy in 2014, was a nuclear electrician's mate with access to classified information relating to the capabilities, operations and maintenance of the Navy's nuclear propulsion systems. He served aboard the USS Carl Vinson from 2016 to 2018 and said he could draw and explain the majority of the ship's critical nuclear propulsion plant systems from memory, according to court documents."This sailor's attempts to disclose classified Navy nuclear propulsion information posed a significant threat to national security and endangered the lives of American service members," FBI Special Agent in Charge Garrett Waugh said in a statement.Kellogg admitted to telling his roommate that he planned to defect to Russia and had searched the Internet for information relating to flights to Moscow, contact information for the Russian Consulate in San Diego, and wrote to an email address associated with Sevmash and called the company six times. It is unclear if the shipbuilder wrote back.Around the same time, he told a childhood friend that he wanted to get out of the Navy and that I "might go Ed Snowden," referring to the former National Security Agency contractor who exposed U.S. government surveillance programs by disclosing classified material.Though Kellogg pleaded guilty to two counts of violating the Espionage Act, his military defense attorneys told the judge at Naval Base San Diego before his sentencing that he was not a spy but rather had a drinking problem and may have been suffering from depression.People who know Kellogg, they said, described him as harmless and someone just trying to get attention. The defense also pointed out that Kellogg had left his passport at his San Diego apartment, undermining claims he was headed to Russia.Authorities said Kellogg also admitted to photographing areas containing sensitive information about the Navy's nuclear propulsion program on the ship, and then sending the photos to his father and ex-girlfriend.He told authorities he stored classified information in his berth, violating protocol, according to the FBI.He will receive a dishonorable discharge and a reduction in rank."This type of behavior has no place in our military," said Cmdr. Nate Christensen, deputy spokesman of the U.S. Pacific Fleet. 3925

SAN DIEGO — NFL quarterback Drew Brees and his wife say a San Diego jeweler lied and falsely represented the value of the jewelry sold to them.That's according to a lawsuit in which Brees and his wife are seeking million in damages and court costs from Vahid Moaradi, the founder of CJ Charles Jewlers, for fraud, a breach of an oral contract, and violations of business professions code.The lawsuit accuses Moradi of making friends with the Breeses and then using his "relationship and position to induce" Brees to rely "on his false representations as to the investment quality and market value" of numerous diamonds, a lawsuit filed in San Diego said.In the lawsuit, Brees says he has spent millions of dollars in business with Moradi, purchasing jewelry as gifts and as investments."In total, [the Brees] invested approximately million in investment quality diamonds recommended by Moradi," the suit states. "The independent appraiser determined the true market value of the diamonds ... was approximately million less than the prices the [Brees] paid."Brees also claims that Moradi "confessed he charged Plaintiffs a substantial markup," in one case charging a 550 percent markup. Brees also argues that Moradi went so far as to conceal the true quality of the diamonds using "reflective and painted settings." Moradi has fought back against the allegation. His attorney issued a statement, saying Brees has only himself to blame."Drew Brees aggressively purchased multi-million dollar pieces of jewelry. Years later, claiming to suffer ‘cash flow problems,’ he tried to bully my client into undoing the transactions," Eric George, Moradi's attorney, said. "Mr. Brees’s behavior and his belief that he was wronged because the jewelry did not appreciate in value as quickly as he hoped both demonstrate a lack of integrity and contradict basic principles of both economics and the law."He should restrict his game-playing to the football field, and refrain from bullying honest, hard-working businessmen like my client."  2128

SAN DIEGO (CNS) - A 12-year-old girl suffered a broken arm and leg when she was struck by a vehicle while crossing a San Diego street, authorities said.It was reported at 10:48 p.m. Saturday in the 10600 block of Tierrasanta Boulevard, said San Diego police Officer Robert Heims.The girl was crossing the street in a crosswalk but against a red pedestrian crossing signal, Heims said.``An unknown vehicle was westbound on Tierrasanta Boulevard and struck the pedestrian,'' he said. The vehicle fled the scene.Paramedics took the girl to a hospital for treatment of a broken left humerus and broken left femur, which were not life-threatening injuries, Heims said. 671