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SAN DIEGO — Democratic Congressman Mike Levin appears poised to keep his seat in the House of Representatives, according a scientific poll released Tuesday.The ABC-10News Union-Tribune poll showed Levin ahead of Republican Brian Maryott 49 to 37 in the 49th Congressional District, which stretches from Del Mar into southern Orange County. Levin, a first-term Congressman, defeated Republican Diane Harkey in 2018, flipping the seat longheld by Republican Darrell Issa, who decided not to seek re-election amid changing voter demographics. "We're going to do everything we can to leave no stone unturned for the next 50 days or so to make sure that we keep the 49th this coming November," Levin said. Democrats now outnumber Republicans in the district by about 3 percent. The SurveyUSA poll shows, however, that 13 percent of Republicans surveyed said they planned to vote for Levin. Meanwhile, just 2 percent of Democrats said they'd support Maryott. "If it was 25 percent or higher I would say something's going on," said political analyst John Dadian. "(Levin's) been an incumbent for two years, his challenger is an elected official but not in a good majority of the region."Maryott said it was still early in the race and that he and his campaign are working to get their message out. "People are just really starting to tune in now. Obviously Mike has name recognition that we don't, but we're out there talking to people everyday," said Maryott. Maryott said he would continue to push a message that Levin is to the extreme left of the Democratic Party. Levin said he expects attacks like that this campaign season but stands by his record. The SurveyUSA poll was conducted between Sept. 11 and Sept. 14, of 517 likely voters, with a margin of error of 5.8 percent. 1782

SAN DIEGO (AP) — A congressional watchdog agency says the Trump administration's plan to erect hundreds of miles of barriers along the border with Mexico fails to adequately consider costs, potentially raising the price and creating delays.The administration has estimated it will cost billion for 722 miles (1162 kilometers) of wall but that was based on average cost per mile.The Government Accountability Office said Monday that costs can vary considerably based on the slope and topography, land acquisition costs and other factors.The GAO says that without more information there is increased risk that the wall "will cost more than projected, take longer than planned, or not fully perform as expected." 721

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 BERNARDINO, Calif. (AP) — Jurors have reached a verdict in the case of a Southern California man charged with killing a family of four and burying their bodies in the desert.The San Bernardino County District Attorney's Office said Friday that the verdict in the case against 62-year-old Charles "Chase" Merritt will be read in court Monday.Merritt is charged with killing his business associate Joseph McStay, McStay's wife, Summer, and the couple's 3- and 4-year-old sons.RELATED: Dramatic closing arguments in McStay family murder trialThe family vanished from their San Diego County home in 2010. Three years later, their bodies were found in shallow graves in the desert.Merritt was arrested in 2014. Prosecutors say Merritt killed McStay at a time when he was being cut out of McStay's water features business.Jurors began deliberations last week. 865

SAN DIEGO (AP) — Tony Gonsolin quieted San Diego’s bats for seven innings, Edwin Rios homered and the Los Angeles Dodgers won 3-1 to snap the Padres’ eight-game winning streak and regain a 2 ?-game lead in the NL West. The seven-time NL West champion Dodgers, being pushed by a Padres team that hasn’t been to the playoffs since winning the division in 2006, bounced back from a 7-2 loss in the opener of the series between the NL’s two best teams. The Padres, cruising toward a berth in the expanded playoffs, lost for just the third time in 15 games. 560

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