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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 (CNS) - A gunman who allegedly tried to mug a man he met online under the pretense of buying a gold chain outside a Chula Vista Costco, was behind bars Wednesday, facing a robbery charge.Albert Molina, 30, was arrested Tuesday after a scuffle in which the 23-year-old alleged victim snatched away his gun, fired a shot and held him at gunpoint while calling 911, according to police.Prior to the confrontation, Molina and the other man had communicated via OfferUp, an online service that facilitates private sales of used goods, Lt. Dan Peak said.Meeting the seller outside a Costco store in the 1100 block of Broadway, Molina agreed to buy a gold chain and provided a money order to supposedly pay for it. The two men tried to cash the check together, but found it was no good, according to police.They went to Molina's car and were sitting in it when the seller asked Molina to return his chain, which Molina was wearing, Peak said, adding "the suspect refused and pulled out a gun."The two men wrestled over the gun, which ended up in the seller's possession as he fell out of the vehicle. Believing Molina was going to run him over, he fired a round in Molina's direction, then held him at gunpoint while summoning police.Patrol officers arrived shortly after 7:30 p.m. and took both men into custody. After being interviewed by detectives, the seller was released, while Molina was booked into San Diego Central Jail. Neither was reported to be injured. 1477

SAN DIEGO (AP and KGTV) -- Washing Senators are remembering John McCain's momentous vote against a Republican effort to repeal the Obama-era health law. Of those remembering McCain is Sen Susan Collins, who told CNN's "State of the Union" that she and GOP colleague Lisa Murkowski of Alaska — both repeal opponents — spoke to McCain before the July 2017 vote because they knew he was struggling with the decision.Collins says he pointed to them and simply said, "You two are right!"Vice President Mike Pence was waiting to speak with McCain next, Collins says, but she knew McCain's "no" decision would stick. Collins said, "Once John McCain made up his mind about something, there was no shaking him."McCain would later famously hold up his hand and vote no, ending the measure. Following the vote, audible gasps could be heard throughout the room, as well as applause. The 81-year-old Arizona Republican died Saturday of brain cancer.Watch the moment McCain voted no in the player below:  1023

SALT LAKE CITY, Utah - The Utah Amber Alert has been activated for a 6-year-old boy who was abducted Saturday night.Investigators are looking for Terran Alexander Butler and his mother, 43-year-old Emily Jolley.Terran is Caucasian, 4 feet tall, 40 pounds, with blond hair and blue eyes. He was last seen wearing black gym shorts, hiking boots, and a green t-shirt with blue sleeves.Jolley is 5 feet 8 inches tall, 140 pounds with brown hair and blue eyes. No information on her clothing was immediately available.Investigators are looking for a blue 2008 Toyota Prius with Utah license plate E847GT.According to the Amber Alert, Terran was abducted during a supervised visit and they may be headed to Washington.Call 9-1-1 if you've seen Terran, Butler or the vehicle.This story was first reported by KSTU in Salt Lake City, Utah. 838

SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309