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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

SAN DIEGO (AP) — Two senior leaders of a Navy SEAL team who were fired in a highly unusual move say they are being made scapegoats amid a series of allegations that have put pressure on the maritime branch to bring the elite commandos in line.SEAL Team Seven's commanding officer, Cmdr. Edward Mason, and the top enlisted leader, Command Master Chief Hugh Spangler, filed a complaint Tuesday with the Department of Defense inspector general to demand the independent agency conduct an investigation into the firings.The Navy says their leadership failures led to a breakdown of order and discipline within two units, including one in Iraq that was sent home early after a member was accused of sexual assault.RELATED: Navy SEAL leaders fired after allegations of sexual assault and drinking among team 809

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 (CNS) - A fire that erupted in the attic of a Rancho Penasquitos home early Monday displaced seven residents, but nobody was hurt.The blaze was reported shortly after 12:45 a.m. at the two-story house in the 8400 block of Corte Fragata, off Carmel Mountain Road north of state Route 56, according to the San Diego Fire-Rescue Department.One person in the home told dispatchers the residents smelled smoke and saw smoke coming from the attic, SDFRD spokeswoman Monica Munoz said. Crews knocked down the fire within 25 minutes and kept the flames contained to the attic area, but the house sustained smoke damage, she said.The American Red Cross was called in to help the displaced residents -- four adults and three children -- arrange for temporary lodging.The cause of the fire was under investigation. 821

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

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