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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 44-year-old pedestrian was hit by a car and seriously injured in Mission Valley Saturday, police said.The unidentified man was walking in a crosswalk at about 5 a.m. on 2300 Camino Del Rio North when a 57-year-old driver of a Ford Explorer traveling northbound on Qualcomm Way turned eastbound and the vehicle hit the pedestrian.The man walking in the crosswalk suffered a possible skull fracture, several facial fractures and internal injuries. His injuries are considered to be life-threatening, police said. 538

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO (AP) — Leave the kids at home, "Terminator: Dark Fate" is getting an R-rating.Director Tim Miller told the audience at San Diego Comic-Con that it wasn't always going to be the plan, but the fans demanded it. The panel that kicked off the fan convention Thursday morning may also have gotten the same rating with the number of expletives thrown around by Miller.Arnold Schwarzenegger even won because Miller said one particular word more than 5 times."It was 10," Schwarzenegger said. "I counted."Would you expect any less from the director of "Deadpool"?See complete 10News San Diego Comic-Con coverageMiller and Schwarzenegger were joined by Linda Hamilton, who is reprising her role as Sarah Connor, franchise newcomer Mackenzie Davis and other cast members on the Hall H stage.This latest film fully ignores the events of the last Terminator movie, "Terminator: Genisys," with Emilia Clarke which bombed with audiences and critics in 2015. Instead "Dark Fate" picks up where James Cameron left off with "Terminator 2: Judgment Day" in 1991.Producer David Ellison even told Miller that he didn't do Terminator as well as he'd wished the first time around with "Genisys" and wanted to try again.Part of the strategy to "get it right" involved bringing Cameron back to produce.Cameron chimed in via a live broadcast from the set of the "Avatar" sequels. He said he would have liked to have been in San Diego to kick off the 50th Comic-Con, but that he had to keep working."Everybody's always whining about how long it's taking 'Avatar' to get done," Cameron said.His requirements for a new "Terminator" film started and stopped with wanting to make sure Schwarzenegger came back. It wasn't a problem, since Schwarzenegger himself said he's addicted to these films."'Terminator' was the movie that really launched my action movie career," Schwarzenegger said.Then there was the Sarah Connor question. For Cameron and many fans, Hamilton is the one true Sarah. He sent her a "long rambling email with a lot of reasons why she should do it and a lot of reasons why she shouldn't."The main point in the "pro column," Cameron said, is that people love her as this character."The character is the same but time changes everything," Hamilton said. "I felt there was a world of richness I could explore and then rock it as a woman of a certain age."Although the 62-year-old actress is in full fighting shape in the footage and trailers, Hamilton said she didn't worry too much about getting back to her "T2" self."One day I woke up and realized I can no longer worry about being what I was because I am so much more than what I was," she said. "The richness of my life experience is only going to enrich the character I play."But her 32-year-old co-star Davis still conceded that Hamilton would definitely win in a fight. Hamilton agreed."Mackenzie is stronger and younger, but I'm meaner," Hamilton said with a smile.Edward Furlong is also returning to play John Connor again.The audience greeted the action-packed footage with enthusiasm, which reached a crescendo when Sarah Connor debuted on screen."Terminator: Dark Fate" opens in theaters Nov. 1 and Comic-Con runs through Sunday. 3201

SAN DIEGO — The race to replace former Congressman Duncan Hunter in California's 50th Congressional District is in a virtual deadheat, according to a new scientific poll.The ABC-10News Union-Tribune SurveyUSA poll shows Republican Darrell Issa, a former congressman, leading Democrat Ammar Campa-Najjar 46 percent to 45 percent, within the 5.4 percent margin of error. “This poll I think is a shocker for many political observers, including myself,” said Thad Kousser, political scientist at UC San Diego. “You have an establishment, well-known candidate in Darrell Issa with proven fundraising ability in a district that until a couple years ago was the reddest district in California, so many people thought that by this time the real start of the campaign season Darrell Issa would have a huge lead over Ammar Campa-Najjar.”Hunter resigned in January after pleading guilty to a single felony conspiracy count. Federal prosecutors accused him and his wife Margaret of misusing 0,000 in campaign funds. Hunter, under indictment during the 2018 election, still defeated Campa-Najjar by 3 percentage points, or 9,000 votes in the 50th District, which leans Republican.Campa-Najjar is running in 2020 to take the open seat. He secured the most votes in the Super Tuesday primary against a split Republican field, with Issa coming in second. Still, the Republican votes combined outnumbered Campa-Najjar in the March primary. By registration, Republicans outnumber Democrats in the district by about 33 percent.Issa, a longtime veteran of the House of Representatives, last represented the coastal 49th District. He did not seek re-election in 2018 amid changing voter registration. He is now running to go back to Washington, D.C., in the 50th District, which extends from parts of El Cajon into southern Riverside County. Issa, a staunch ally of the president, expressed confidence in his campaign Tuesday."The policies of this president, this administration, are my policies," he said. "Free and fair trade, enforcement of the borders, a recognition that the constitution is as it is."Campa-Najjar, while a Democrat, said district voters are taking to his independent voice."I stand with the people of the 50th through thick and thin," he said. "When our back's against the wall, I'll have my back and I'll have their back. I won't care about the partisan stuff. I focus on my district every time."SurveyUSA posed the question of Issa or Campa-Najjar to 508 likely voters. Issa led by 21 points among men, while Campa-Najjar led by 18 points among women.The poll also showed Joe Biden leading Donald Trump in the race for president 48 to 45 percent. Trump won that district over Hillary Clinton by 15 points in 2016. 2729