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SAN DIEGO (CNS) - A 50-year-old man died after he apparently lost control of his vehicle on a Black Mountain Ranch street and tumbled about 20 feet down an embankment, police said Monday.The crash was reported shortly before 10:30 p.m. Sunday in the 17900 block of San Dieguito Road, west of Camino Del Sur, San Diego police Officer Sarah Foster said.The victim was driving eastbound on San Dieguito road at a high speed when he lost control of his vehicle and it rolled down a 20-foot embankment, Foster said.The man was taken to a hospital, where he was later pronounced dead, the officer said. The man's name was withheld pending family notification. 661

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

SALEM, Ore. (AP) — Two federal judges have ordered the United States Postal Service to continue to implement "extraordinary measures" to make sure ballots are delivered on-time before the presidential election.A federal judge has ordered the U.S. Postal Service to take "extraordinary measures" to deliver ballots in time to be counted in Wisconsin and around Detroit, including using a priority mail service.Chief U.S. District Judge Stanley Bastian in Yakima, Washington, issued the order on Friday after being presented with data showing on-time delivery of ballots sent by voters were too slow in the battleground states of Michigan and Wisconsin.Washington state Attorney General Bob Ferguson's office says delivery of ballots in the USPS Detroit district, for example, has dipped as low as 57% over the past week. National on-time delivery has been at 93% or higher.This comes on the same day that U.S. District Judge Emmet Sullivan signed an order, which requires the USPS to use the Express Mail network to make sure ballots are "entered close to or on Election Day to their intended destination," CNN reported.In a statement on Friday, the USPS outlined its "extraordinary measures" local post offices would take to accelerate ballots' delivery.CNN reported that processing plant managers send ballots and all local ballots to the provincial election or post office by 10 a.m. Monday and Tuesday by using Express Mail.Reuters reported that local ballots must be processed and delivered to regional post offices the day they arrive or the next morning until Nov. 7. 1581

SAN DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968

SAN DIEGO (CNS) - A federal lawsuit has been filed against several puppy stores in San Diego and Riverside counties, as well as an allegedly fake Missouri-based animal rescue organization accused of taking part in an illegal puppy mill operation, adding to existing litigation claiming the stores fraudulently label their dogs as rescues.The lawsuit, filed Friday in San Diego federal court on behalf of Maryland-based nonprofit PetConnect Rescue Inc., is one of several filed recently against Utah resident David Salinas, who owns several stores in the San Diego region, including two named in the lawsuit: Broadway Puppies in Escondido and Pups & Pets in Santee.Plaintiffs' attorneys say the Salinas-owned stores obtain their puppies through the similarly named Missouri-based Pet Connect Rescue Inc., which allegedly "launders" dogs from illegal puppy mills, "falsely labeling them as `rescues."'"As nurses, doctors, grocery store and delivery workers risk their lives to provide essential services, and other businesses sacrifice by shutting down to protect public health, these illegal puppy stores continue selling purebred and designer puppies for thousands of dollars each, trucked in from Missouri, and fraudulently labeled as `rescues' so the owners can continue to profit from their illegal scheme," plaintiffs' attorney Bryan Pease alleged.In prior lawsuits, customers alleged they purchased what they were told were rescue puppies from Salinas-owned stores, only to have purchased a dog that was actually from a puppy mill. The dogs were often were riddled with illnesses -- sometimes leading to death -- due to being bred in poor conditions, according to prior litigation.A preliminary injunction was previously obtained by animal-rights organizations against National City Puppy, also owned by Salinas, which was ordered to shutter earlier this year in light of similar allegations.An evidentiary hearing had been set for this Friday in San Diego state court regarding preliminary injunctions against Broadway Puppies and Pups & Pets, but that hearing has been indefinitely postponed due to the San Diego Superior Court's coronavirus-related shutdown.In the latest complaint, the plaintiffs allege the stores have remained open for business during the coronavirus pandemic despite a statewide "stay at home" order issued by Gov. Gavin Newsom to all but essential services.While pet stores are exempt from closure due to Newsom's Thursday order, the lawsuit alleges the stores' continued operation "is putting the public at risk as well as continuing to defraud consumers into believing they are supporting `rescues' during this difficult time by buying a puppy."The complaint alleges that the stores' operation during the pandemic puts the public at increased risk of the spread of multi-drug-resistant Campylobacter infections, which the Centers for Disease Control and Prevention says has been linked to puppies purchased from pet stores. 2971

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