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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 DIEGO (CNS) - A convicted sex offender's potential release from a state hospital and subsequent placement in Jacumba Hot Springs drew a substantial crowd to a downtown San Diego courtroom Friday, which included the inmate's victims and others opposing his placement in eastern San Diego County.Alan Earl James, 56, was convicted in 1981 and 1986 of numerous sex- related felonies involving several minor victims -- which included James' younger relatives-- and sentenced to 28 years in state prison.James, who is classified as a "sexually violent predator," was committed to Coalinga State Hospital, where he was undergoing treatment "for an indeterminate term," until he petitioned for a monitored conditional release last summer, prosecutors said.The California Department of State Hospitals have proposed to place James at 45612 Old Highway 80 in Jacumba Hot Springs, a property under the jurisdiction of the San Diego County Sheriff's Department staffed by sheriff's deputies that previously housed sexually violent predators.San Diego County Superior Court Judge Albert Harutunian -- who recommended James' integration into the conditional release program last fall based upon the evaluation of psychiatric experts -- said he understood the public's opposition to James' release, but said citizens would be better suited directing their concerns towards the legislature, which determines sentencing guidelines and penalties for offenders.Nonetheless, several speakers that included James' relatives victimized as children, spoke of their fears that James would re-offend, even if released to a supervised facility.Robert N., who now lives on the East Coast, said he flew 3,000 miles to make his voice heard regarding James' release. He said James held a butterknife to his neck and threatened to kill him if he told anyone about the abuse, which happened to him and his siblings more than 30 years ago."My biggest fear is that this time, he'll end up killing a kid," he said. "I understand that he's going to be monitored and all that, but eventually, there's going to come to a point where someone's going to turn their head or something and not be paying attention and that's where he's going to end up striking."Robert N.'s sister, who went by L.N. while speaking to the court, said James assaulted her when she was four years old, and urged Harutunian to have James placed in a facility apart from communities where children and families live."I feel he will re-offend given the opportunity," she said.Following his conviction and release for abuse committed against her and her siblings, L.N. said James assaulted another girl and was convicted again."I understand he has to be released. However, he just does not need to be in the community of San Diego. I no longer live in San Diego. However, I still have family here, family that are children, as well as adults, and will all be impacted by this. I just fear that he will hurt another child and I don't want that to ever happen again."County Supervisor Dianne Jacob, whose district includes Jacumba Hot Springs, said the rural communities of eastern San Diego County have experienced "an over-concentration" of sexually violent predator placements and have become "easy pickins" for the placement of sex offenders.According to Jacob, nine sexually violent predators have been placed in Jacumba Hot Springs, Campo and Boulevard."There are not the resources, there are not the services out there (in the East County) in order to support the ongoing treatment of sexually violent predators, yet the state has chosen to place nine of these in these communities anyway, and I believe it's wrong and enough is enough," Jacob said.Harutunian said he wanted to take time to consider the options for placement and would render a written decision on the matter at a later time.Mary Taylor, a victim of sexually violent predator Alvin Ray Quarles, also known as the "Bolder-Than-Most" rapist, said she felt the decision to release James without notifying his victims should be considered a violation of the California Victims' Bill of Rights, otherwise known as Marsy's Law.State law only requires victims be notified when hearings regarding placement are held, not for proceedings considering a potential conditional release.Quarles recently was recommended for placement into a conditional release program at a facility in Jacumba Hot Springs, but the decision to release him will be reconsidered during an evidentiary hearing tentatively slated to begin in May. 4529

SAN ANTONIO, Texas -- Francisco is a young entrepreneur who loves working with his hands. His dream is to start his own company, but it never seemed very realistic until now.“I will be attending Texas A&M San Antonio and I will be studying business,” Francisco said.Francisco is a first-generation college student. However, he wasn’t sure college would be in the cards for him since another term to define him is undocumented immigrant.“Sometimes you feel like separated from everybody because they’re like, 'oh you’re an immigrant, you’re not from here.’ So, sometimes it’s harder for you because people categorize you,” Francisco said.He says his parents worked hard to make sure he was taking full advantage of his education."My mom legit, she took English classes just to try to help me with school. So that was a major impact for me and I was so grateful for it.”No matter how hard his parents worked, it was still difficult for his family to navigate the U.S. education system, especially considering the added challenges undocumented students face.“For example when my mom would call counselors and ask questions and stuff like that, sometimes they didn’t give you the right information, or they didn’t give you the full information that you need to know,” Francisco said.Francisco’s situation is nothing new, but a nonprofit is trying to change that. Viridiana Carrizales is the co-founder and CEO of ImmSchools.“ImmSchools was created in response to the lack of support that exists in k-12 for undocumented students and families," Carrizales said. "As co-founders we are all formally undocumented women who experienced and navigated k-12 being undocumented and having undocumented parents.”From following protocol for Immigration and Customs Enforcement, to understanding a student’s right to pursue higher education, Carrizales says they want to make sure teachers and counselors are trained to help their immigrant students.“We’ve heard from many students that are a part of our programs that they’re still hearing from their teachers from their counselor that being undocumented, you really don’t have opportunities to go to college, that being undocumented you don’t have an opportunity to apply for scholarships,” Carrizales said.But really, going to college is possible, even for undocumented students. In fact, Francisco is now attending a four-year university with a full-ride scholarship through TheDream.Us that ImmSchools helped him apply for. Most scholarships require U.S. citizenship, but the TheDream.Us scholarship is offered to dreamers -- the young immigrants granted legal status after being brought to the U.S. as children.“I looked at my email and surprise to me I had gotten the scholarship. Which was amazing. I started crying, because it’s a major opportunity, because it’s a full-ride to a university,” Francisco said.His mother, Manuela, was in shock.“Lorre, lorre, y lo dicimos ‘wow’ ya lograste. Fue algo enorme,” Manuela said. (English translation: We cried and cried and said ‘wow, you did it.’ It was something huge.)Helping parents advocate for their children is another aspect of the nonprofit. Active in Texas, New York, and now New Jersey, Carrizales says the goal is to reach parents and schools across the nation.“We want our families to truly feel free. Because right now the first thought that comes to mind if you’re undocumented is your immigration status,” Carrizales said.Moving forward, Manuela and Francisco feel hopeful about his opportunities. Their suggestion to other families is to never give up.“Puedes alcanzar al cielo, pero sin dejar pisar el suelo porque mientras sepas de donde vienes y a se donde vas, todo va a estar bien contigo," Maneula said. (English translation: You can still reach for the stars without taking your feet off the ground because everything turns out well when you remember where you came from and where you’re going.)“Your education matters, your education is important. No matter your situation, there’s always a possibility for everything,” Francisco said. 4058

SAN DIEGO — SAN DIEGO (KGTV) -- A life science development firm has unveiled plans to transform eight acres along San Diego's waterfront into a mixed-use hub that could attract numerous leading edge companies to the city.Development firm IQHQ announced Monday that it closed on the site along Harbor Drive and will break ground on the project's first phase this week. The firm says it has entitlements and key permits for new office, lab and support retail space for the complex, called the San Diego Research and Development District, or RaDD. In a news release, the firm said this would be the largest urban commercial waterfront site along the Pacific Coast. The development is sure to bolster an already vibrant life sciences industry in San Diego, with biotechs clustered mostly in the Torrey Pines area. This could attract more to relocate downtown. The project would be the third major commercial development in downtown, along with the Padres plan to build office space at Tailgate Park, and the redevelopment of Horton Plaza into a tech hub."This is probably, in terms of the commercial sector, the most important pivotal moment in San Diego's modern redevelopment history," said Gary London, of commercial real estate consulting firm London Moeder Advisors.IQHQ chief executive Stephen Rosetta told ABC-10News this was the premier site to build on the west coast, if not the entire USA. "This project is really special to us because we're headquartered here in San Diego, and the partners live locally and have for most of our lives," he siad. IQHQ bought the property from Manchester Financial Group for undisclosed terms. Manchester Financial recently completed the new U.S. Navy Headquarters, on the north end of the site, with move-ins scheduled for October. Manchester also still holds the part of the property for a 1,035 room hotel and a 1.9 acre plaza. 1879

SAN CARLOS, Calif. (KGTV) -- A grandmother and several children were forced to run out of a San Carlos home that burst into flames Saturday night. The fire broke out on Park Ridge Boulevard in San Carlos around 10 p.m. Saturday. Fire crews were able to stop the flames from spreading to a nearby canyon. Neighbors say they heard what sounded like explosions before they ran out and saw the home on fire. A woman was home watching her grandchildren when the house caught fire. All those inside were able to make it out safely. San Diego Fire-Rescue says it was initially challenging to battle the flames because the closest hydrants are located hundreds of feet away. “I went across the street and pounded on the door and the window to make sure that nobody was in there. Don’t think they were. There was just a lot of explosions and tires I guess blowing up. It was just In full flames when it happened,” one neighbor said. At this time, it’s unclear what caused the fire. 981

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