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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS) - A fire broke out Wednesday morning at a duplex in Rancho Penasquitos, and responding firefighters confronted cluttered conditions in one of the homes in order to knock down the flames and search for residents, authorities said. 253

SAN DIEGO (CNS) - A 28-year-old motorcyclist who led police on a pursuit through the Pacific Beach area of San Diego was hospitalized this morning with a life-threatening injury after crashing into another vehicle.The motorcyclist failed to yield to officers near the intersection of Garnet Avenue and Jewell Street about 11:10 p.m. Friday, and led officers southbound on Jewell Street, then westbound on Grand Avenue, according to Officer Robert Heims of the San Diego Police Department.At the intersection of Grand Avenue and Fanuel Street, the motorcyclist split lanes between stopped vehicles and entered the intersection on a red light and broadsided a 2019 Toyota Prius going southbound on Fanuel Street, Heims said.The rider sustained a life-threatening brain bleed that required immediate surgery. The 62-year-old driver of the Prius and his passengers were not hurt, Heims said.The name of the suspect was not disclosed. 937

SALT LAKE CITY, Utah – A wildlife overpass near Salt Lake City is proving to be successful at helping animals safely migrate over a busy interstate.The Utah Division of Wildlife Resources (UDWR) hailed the Parley's Canyon overpass a success in a recent Facebook post, saying it has also helped motorists stay much safer as well.In its Facebook post, UDWR included video that show many animals using the overpass to safely cross to the other side of Interstate 80. Cameras set up along the bridge captured moose, bears, porcupines, squirrels, mountain lions, deer, coyotes, and other critters.The Utah Department of Transportation (UDOT) and Utah State University have been monitoring the overpass throughout the year.The overpass opened in December 2018. UDOT says it spans six lanes of interstate and was constructed to improve safety on I-80 by reducing wildlife and vehicle collisions.UDOT coordinated with UDWR on the wildlife issues specific to the project, including wildlife migration patterns.While it may be tempting to visit the bridge in an attempt to spot some critters, UDWR says to keep off the overpass and not disturb the animals. 1154

SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561

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