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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161
SAN DIEGO — The county has stepped up enforcement of its latest round of Coronavirus restrictions, which took effect Saturday.Nearly 20 organizations - bars, restaurants, yoga studios and churches - were served with cease and desist notifications for not following the purple tier, which mandated outdoor only service to help stop the spread of the coronavirus. At Reach Yoga in Pacific Beach, owner Alena Snedeker got a violation for holding socially distanced indoor yoga classes as late as Monday. She said she was aware it was no longer allowed, but was doing it as she transitioned to an outdoor location."With being open for two weeks, we can't turn the machine off," she said. "If we turn the machine off, we lose our business forever."Reach Yoga, which did not hold classes Tuesday, will rent outdoor space at the nearby Soledad Club, which it will have to share with a karate studio and church. "A yoga studio runs a lot differently than a bar or a restaurant or a church, so to have the same blanket over every single business. I don't feel that's right," Snedeker said. At The Landing Bar in El Cajon, owner Steven Fort also got a violation , as a group watched football indoors on Sunday."As long as they're not shutting me down, I'm complying," Fort said.Fort said he was confused over when the purple tier started, but is now fully outside.Meanwhile, in Pine Valley, Major's Diner continues to publicly defy the order - without a cease and desist order. A spokesman for the county says that's because the violations are complaint-based. He expects more to be added. 1588

SALT LAKE CITY, Utah -- The family of Bernardo Palacios, who was shot and killed by Salt Lake City police in late May, plan to file a civil action lawsuit following a ruling from the district attorney's office, which stated the officers were justified in their use of deadly force.“To see the despair and disappointment on their faces, is something I don’t want to relive,” said attorney Nathan Morris, as he stood in-front of a room full of members of the media Thursday.Next to Morris, a fellow attorney, Brian Webber – beside him, the grieving family of Bernardo Palacios; a 22-year-old man was shot and killed by Salt Lake City Police officers who were responding to calls for threats with a gun in the early morning hours of May 23.“Today, the Salt Lake District Attorney, Sim Gill, announced no criminal charges will be filed,” Morris said as he read a prepared statement from the Palacios family regarding the officers who shot and killed Bernardo. “As a family and as a community we are deeply disappointed and grieved.”Morris continued to read, reiterating findings divulged in the DA’s ruling which found Bernardo was shot at least 34 times.“Officers continued to empty clips after he fell to the ground,” Morris read. “Police officers repeatedly pulled the trigger for 9-seconds.”The barrage of gunfire can be heard and seen from multiple vantage points through the officers’ body camera footage.The family and their representation, said, based on the weeks following Bernardo’s death, they had hoped Gill would press charges against the officers who fired shots.When body camera footage was released, many members of the community came together in public protest, supporting the Palacios family.The Palacios family vowed to continue to fight for justice when Bernardo was laid to rest June 10 -- all the while, eagerly awaiting a ruling from the Salt Lake District Attorney’s Office as to whether or not the officer’s use of force was justified.Community support continued over the following weeks as his portrait was added to a wall of murals, featuring those who had died at the hands of police, off of 800 South and 300 West downtown.“The DA’s unwillingness to prosecute [these officers] makes a mockery of the protesting public,” the family statement continued.Morris and Webber said they intend to file a civil action lawsuit in the coming days, and will continue to fight on behalf of the family until they see change.In order to obtain justice for Bernardo, Morris said the family wanted to see changes to police policy and trainings, ask the legislature to take concrete steps in preventing police brutality and to hold the officers responsible accountable.“Bernardo’s death cannot be forgotten and we pray that justice will be accomplished,” Morris said.Following the family statement and question and answers with the attorneys, the family – comprised of Bernardo’s sister and brother, Karina and Freddie, his mother, Luci and a niece – spoke for themselves.“I feel very upset,” Bernardo’s mother Luci said in Spanish, as tears filled her eyes. “That decision was not one of justice, because my son isn’t with us today.”“I am not living anymore, I feel like I can’t breathe, you can’t imagine what it’s like for a mother whose son was killed like mine,” she continued. “I can’t sleep, my house has lost its happiness because that’s what he brought to it.”“I feel like I’m dying, down to my bones, I’m in pain, all because I don’t have my son with me,” she concluded as she wiped away tears.The family went on to thank the community for their support and ask that the protests not lose steam.An internal investigation at SLCPD is ongoing.Watch the entire press conference with the family below. 3723
SAN DIEGO — One of San Diego's biggest restaurant chains will reopen Friday, with plans to hire up to 250 new people by summer.Each of the Brigantine's 14 restaurants will begin hosting guests at the end of the week with spaced out tables, employee temperature checks and increased hand sanitizing stations, chief executive Mike Morton said in an interview Tuesday. Morton added that tables will be spaced out, but that outdoor event space at some locations will be converted to main dining to increase capacity. "It's a hard business when the economy is at full strength and there's not this silent enemy out there," he said. "Now it's just another element to deal with."The chain includes Brigantine, Miguel's Cocina, and Ketch Tap and Grill. Morton said the organization has been able to bring back most of its 1,100 furloughed workers, though some have declined because of unemployment boosts. He cautioned that decision as short sighted, given the tight job market that will persist after the extra benefits have gone away. Meanwhile, Brigantine is advertising 134 openings on its website at locations across the county. Additionally, Morton said Brigantine plans to hire as many as 250 additional for its Portside Pier complex, which is scheduled to open in July along the Embarcadero, on the site of the former Anthony's Fish Grotto. The facility will include three restaurants, two bars and a gelato and coffee shop. "We're always looking for good people," Morton said. "There might not be a spot available today but there might be three tomorrow."Brigantine closed its chain of restaurants two days after the governor's stay-at-home order went into effect in mid March. Morton said the restaurants tried to do take-out-only, but that it didn't make business sense at the time. 1794
SAN DIEGO (CNS) - A head-on collision Friday in Poway injured three people, one of them seriously injured and airlifted to a hospital.The collision occurred about 2 p.m. in the 15800 block of Poway Road, according to Sgt. David Toner of the San Diego County Sheriff's Department.Upon arrival, deputies found both vehicles, Mazda coupe and a Nissan Sentra, with major front-end damage, Toner said.The investigation revealed the Mazda was eastbound on Poway Road and had drifted into the westbound lane when the collision occurred, according to the sergeant.The 25-year-old woman driving the Nissan and her 1-year-old son were taken to a hospital as a precaution, while the driver of the Mazda, a 28-year- old man, was airlifted to Palomar Medical Center for treatment of serious injuries, Toner said.MAP: Traffic conditions throughout San DiegoNeither alcohol nor drugs were suspected as factors in the collision, he said. 929
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