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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SALEM, Ore. (AP) — The death toll from the wildfires raging on the West Coast stands at least 33, with authorities saying nearly all of the dozens of people reported missing after a devastating blaze in southern Oregon have been accounted for. The flames have destroyed neighborhoods, leaving a barren, gray landscape in their wake, driven tens of thousands of people from their homes and cast a shroud of smoke over the region. The crisis has come amid the coronavirus outbreak, the economic downturn and nationwide racial unrest that has led to protests in Portland for more than 100 days. 599

SAN DIEGO (CNS) - A coalition of regional partners joined together Thursday to announce the San Diego County Childcare Provider Grant Program, an initiative that will distribute million in coronavirus relief funding to childcare providers impacted by COVID-19.The coalition, which includes the County of San Diego, The San Diego Foundation, Child Development Associates and YMCA of San Diego County, will open the application period Monday. The San Diego County Board of Supervisors unanimously voted to distribute million of Coronavirus Aid, Relief, and Economic Security Act funding to eligible childcare providers in San Diego County."The childcare sector is very important, as our economy cannot be sustainable if parents do not have safe places for their children to be cared for and educated while they are working," said Supervisor Nathan Fletcher, co- chair of the county's COVID-19 subcommittee. "This new million grant program will help childcare providers make their centers safe during the coronavirus pandemic and allow them to remain open so parents can return to work."Funding will be allocated based on predetermined categories outlined in the CARES Act agreement. Large family childcare providers -- licensed to care for a maximum of 14 children -- will be eligible to receive up to ,500 and small family childcare providers -- licensed to care for a maximum of eight children -- will be eligible for up to ,750. Non-government-contracted licensed providers will be eligible to receive up to 5 per child capacity, based on childcare license.Partially-funded government-contracted licensed childcare centers such as HeadStart will be eligible to receive up to 5 per non-subsidized child, not to exceed license capacity. Non-government-contracted, license- exempt group care providers -- including summer day camps and community youth clubs such as Boys & Girls Clubs -- that serve school-age children up to 12 years old will be eligible to receive up to 0 per child capacity."This funding helps prioritize access to high-quality childcare for all families, helps provide a professional wage for hardworking providers, and helps strengthen the childcare system," said Baron Herdelin-Doherty, president & CEO of the YMCA of San Diego County.Eligible childcare providers will be able to apply for funding online or in print in eight different languages -- English, Spanish, Vietnamese, Tagalog, Russian, Somali, Haitian Creole and Arabic -- and the coalition will distribute the funds.Providers can visit SDFoundation.org/ChildcareGrants to learn more. Funding will support staffing, supplies, mortgage and rental assistance, business resilience and capital improvements for outdoor areas."We also have been focusing on equity for our most vulnerable children and families ensuring they are connected to available support services," said Alethea Arguilez, executive director of childhood health advocacy group First 5 San Diego. "This investment is very timely, as we know our providers have been operating with greater restrictions and mandates in order to maintain the health and safety of the children they serve. Ultimately, these funds will support our existing childcare system and in turn continue to nurture the healthy development of all our children."The Childcare Provider Grant Program builds upon the COVID-19 Community Response Fund, which was started to receive donations and make emergency grants to organizations supporting San Diegans impacted by the pandemic. To date, the COVID-19 Community Response Fund at The San Diego Foundation has distributed more than million to nonprofits on the frontlines of the crisis.The foundation will also provide an additional million in grants to support children and families, and access to quality, affordable childcare in the San Diego region over the next five years with at least million of that distributed in 2020. 3940

SAN DIEGO (AP) -- Eric Hosmer hit a historic shot that made San Diego the first team in the majors to launch grand slams in four straight games, and the Padres needed an unearned run in the 10th inning for a wild, 8-7 win over the Texas Rangers.The Padres swept the four-game, home-and-home series, with a slam in each one. Hosmer's go-ahead shot against Kyle Gibson with one out in the fifth inning bounced off the top of the right field wall and into the seats for a 5-2 lead.Earlier this week, Fernando Tatis Jr., Manny Machado and Wil Myers slammed the Rangers.The Padres' 5-2 lead would not last, as reliever Michel Baez gave up a three-run double to Danny Santana in the top of the 7th. Texas grabbed a 6-5 lead one inning later on a Jose Trevino RBI single.San Diego regained the lead in the bottom of the eighth inning, thanks to back-to-back homers from Ty France and Austin Hedges.Emilio Pagan was sent in to close the game in the top of the ninth, but Nick Solak tied the score at 7-7 with a solo shot to right center.The game went to the 10th inning, and after the Rangers were unable to score in the top half of the frame, Jake Cronenworth's single to center slipped past the glove of outfielder Scott Heineman, allowing Myers to score from second base for the victory. 1290

SAN DIEGO (CNS and KGTV) - A former Team USA figure skater has filed suit against the U.S. Figure Skating Association and skating coach Richard Callaghan for allegedly sexually abusing the skater between 1999 and 2001, including at a skating competition held in San Diego.The suit, filed this week in San Diego County Superior Court, alleges that Callaghan sexually abused Adam Schmidt starting at the age of 14, even after reports surfaced alleging he had abused another skater.Callaghan -- perhaps best known for coaching Tara Lipinski to an Olympic gold medal in 1998 -- was accused of molesting another former skater, then-15-year-old Craig Maurizi, in a 1999 New York Times article.RELATED: Figure skater Ashley Wagner says she was sexually assaulted by a former coachSchmidt alleges that figure skating officials brought the article's allegations up for an internal review, but then dismissed the allegation "as it claimed the victim had not filed a formal written grievance within 60 days of the sexual misconduct perpetrated by (Callaghan)."Schmidt claims this system "made it nearly impossible for sexual abuse claimants to bring effective complaints forward against perpetrators of sexual abuse and misconduct."As he remained in good standing with skating officials, Schmidt alleges that Callaghan was able to continue abusing him over the course of three years, including at the 2001 Master of Figure Skating competition held in San Diego, when Schmidt was 16.Schmidt says the abuse has left him suffering from "psychological injuries and illnesses" as an adult, including a "psychological breakdown" and hospitalization in early 2017.Schmidt's attorney, John Manly, said "Our client is an extremely talented young athlete who dreamed of nothing more than to stand on an Olympic podium and hear our National Anthem. Instead, he had to stop competing in the sport he loved because of the sexual, physical and emotional damage done to him by his coach, Richard Callaghan."It started getting weird when he would leave his jacket, tie, and shirt on, but then take his suitepants and his underwear off," Schmidt told ABC News.The U.S. Figure Skating Association and the ice rinks where Callaghan worked ignored complaints around him for years. If they had done their legal duty in 1999 and reported Callaghan to the police, our client and other children could have been protected from this monster."Callaghan was suspended from coaching last March by the U.S. Center for SafeSport.The lawsuit also names Onyx Ice Arena, a Detroit skating facility, as a defendant, as Callaghan was allegedly allowed to work with children there despite the allegations against him. 2677

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