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SAN DIEGO - A crash into a fire hydrant sent a geyser of water 50 feet in the air and flooded homes in Chollas Creek Sunday afternoon, witnesses said.The accident happened around 2 p.m. when witnesses said a U-Haul backed into a fire hydrant near the 5000 block of University Avenue. The hydrant broke, sending water shooting into the air.A home, several cars and some apartments nearby were flooded. The water was shut off about 45 minutes after it started, witnesses said.There is no damage estimate at this time. 523
SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO (CNS) - A 28-year-old man was hospitalized Monday with non- life-threatening wounds to his leg and hand after he was shot by another man in a parking lot near Mission Bay, police said.The shooting happened around 7:10 p.m. Sunday in a parking lot in the 2600 block of Ingraham Street, north of West Mission Bay Drive, San Diego police Sgt. Kevin Gibson said.The 28-year-old man was standing alone in the parking lot when another man approached him and fired five shots, striking the victim in the leg and the hand, Gibson said.The victim was taken to UC San Diego Medical Center for treatment of his injuries, which were not believed to be life-threatening, the sergeant said.No detailed suspect description was immediately available.One person was detained at the scene and later arrested on unrelated charges, Gibson said. The nature of those charges was not disclosed.Detectives from the San Diego Police Department's special operations unit were investigating the circumstances leading up to the shooting. 1027
SACRAMENTO, Calif. (KGTV) -- Republican California State Senator Brian Jones is behind a new bill that, if passed, would change the way military retirement pay is taxed. The bill, titled SB 1071, would exempt military retirement pay from the state’s income tax. According to Jones, California is one of only seven states that fully taxes military retirement pay. Other states include Montana, New Mexico, Rhode Island, Utah, Vermont, and Virginia. RELATED: 50th District candidates debate housing, job growth, taxes"Our state should be encouraging military retirees to make California their home rather than driving them to other states," Jones said."The men and women who served our country earned every dollar of their retirement pay and states should not be trying to tax it. This measure is the right thing to do and will help keep veterans and their families in California."Jones coauthored the bill with Senators Scott Wilk (R-Santa Clarita), Bob Archuleta (D-Pico Rivera) and Pat Bates (R-Laguna Niguel).The bill comes as Jones makes a bid for the 50th Congressional District. 1092
SAN DIEGO — Two of San Diego's biggest restaurant groups are sounding the alarm over state Coronavirus regulations.Owners of the Brigantine Family of Restuarants and the Cohn Restaurant Group say indoor capacity limits aren't sustainable. Currently, a restaurant can only seat 25 percent of its capacity indoors. “If we stay open and as we enter the fall and winter months, our restaurants cannot survive on 25 percent," said Leslie Cohn, of the Cohn restaurant group.The Cohn Group spent more than 0,000 creating social distancing in 16 of its restaurants - before the 25 percent capacity limit was instituted. Their employment is now down 40 percent to about 1,200 workers.“We should be concentrating on positive test percentages, hospital capacity, ICU and PPE availability and of course mask wearing, social distancing and employee screening,” Cohn said.Her frustrations, echoed by Mike Morton, who heads the Brigantine Family of Restaurants, where employment is off 20 percent to 1,000 workers. Morton said there are now waits every Friday, Saturday and Sunday - due to the capacity restraints.“Guests are going to get tired of that, and what else is that going to do? It allows us to employ less people due to limited capacity,” Morton said.The 25 percent cap will last at least another three weeks. Only then may the county become eligible for the next lower tier, which would increase the cap to 50 percent - still a struggle in an industry famous for thin margins. 1484
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