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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

SAN DIEGO (AP) — The San Diego Padres are returning to the playoffs for the first time in 14 years after beating the Seattle Mariners 7-4 with a three-run rally in the 11th inning that included a go-ahead double by newcomer Mitch Moreland. The clincher came in the finale of a series that was moved from Seattle because of poor air quality due to wildfires, so the Mariners were considered the home team and batted last. After closer Trevor Rosenthal, another newcomer, struck out Phillip Ervin for the final out, the Padres had a brief but joyous celebration in the infield. 583

SAN DIEGO (AP) — Three solo home runs were enough to power the San Diego Padres past the Miami Marlins.Franmil Reyes, Hunter Renfroe and Ian Kinsler homered, and left-hander Joey Lucchesi combined with two relievers on a four-hitter for his first victory in six starts to lead the San Diego Padres to a 5-2 victory Friday night."We thrive with the long ball and we've got the guys who can hit them," manager Andy Green said. "You have to embrace who you are. We've got a lot of slug as a club. It's nice when you get guys on base and hit two- and three-run homers, but solos did it today."Lucchesi certainly enjoyed the power display."I love it. I love when guys hit them," the big lefty said. "It makes them feel good, it makes us feel good. It's great."Lucchesi (4-3) hadn't won since beating Cincinnati at home on April 21. He retired his first seven batters before allowing a double by Miguel Rojas in the third. He then retired eight straight before allowing a home run by pinch-hitter Rosell Herrera with one out in the sixth. Lucchesi struck out five and walked one.Craig Stammen pitched 1 2/3 hitless innings, Phil Maton allowed two singles to open the Marlins' ninth and Kirby Yates came on to get the final three outs for his 22nd save, best in the majors.Herrera was pinch-hitting for lefty Caleb Smith (3-3), who lost his third straight decision after allowing two runs and three hits in five innings. He struck out eight and walked two."I thought he threw the ball really well," manager Don Mattingly said. "Gives up the two solos, but I think we saw the finish that we talked about before, more swing and miss. Definitely a lot better out of Caleb tonight."The Padres "don't really chase too far out of the zone," Mattingly said. "They've got swing and miss but they don't chase all over the place, so there were a lot of deep counts and you've got to make pitches, so we know they're dangerous from that standpoint."Reyes homered on a line shot to left with one out in the first, his 16th. Renfroe hit a moonshot into the second balcony on the Western Metal Supply Co. Building in the left-field corner with one out in the fourth for his 15th."I felt like my stuff was pretty good," Smith said. "Just made a couple mistakes and I've got to stop giving up the long ball."Kinsler homered off Austin Brice with one out in the seventh for his seventh. 2370

SAN DIEGO (CNS) - A 17-year-old boy was hospitalized Saturday morning after being shot several times by a man in the Ridgeview/Webster neighborhood of San Diego.Police responded at 11:20 p.m. Friday to 1500 50th St. and learned the victim had been driven to a hospital by unknown people, according to Officer Robert Heims of the San Diego Police Department.The boy's injuries were non life-threatening, Heims said.MAP: Track crime happening in your neighborhoodIt is unknown where the suspect went and a detailed description of the shooter was not available, Heims said.Anyone with information about this incident was asked to call San Diego Police Southeastern Division detectives at (619) 527-3500 or Crime Stoppers at (888) 580-8477. 744

SAN DIEGO (CNS) - A hit-and-run driver struck a motorcyclist early Wednesday morning in the Fairmont Village neighborhood, leaving the rider with a broken leg, police said.The crash was reported around 12:10 a.m. at the intersection of Lantana Drive and Euclid Avenue, San Diego police Officer John Buttle said.A 33-year-old man was riding a Yamaha motorcycle northbound on Euclid Avenue when a vehicle pulled out from Lantana Drive and struck the right side of the motorcycle, Buttle said.The rider was taken to a hospital for treatment of a fractured tibia and fibula, the officer said.The suspect vehicle, described as a white Honda sedan, was last seen heading southbound on Euclid Avenue, Buttle said.A description of the hit-and-run driver was not immediately available. 784