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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 — San Diego is playing a pivotal role as a testing ground for the future border wall while the region prepares for President Trump’s visit Tuesday.WHY SAN DIEGO?The region, specifically Otay Mesa, was selected as a location for the eight prototypes because of site accessibility to construct and the ability to evaluate the wall as part of a larger, existing border infrastructure system, according to U.S. Customs and Border Protection spokesman Ralph DeSio.San Diego County’s value as a construction site was detailed in a presentation made by the Department of Homeland Security and obtained by NPR.CBP officers can compare the performance of the prototypes to underperforming existing materials in the same location, according to the document. The prototypes can also be evaluated for the impact on operations in an existing enforcement zone.The land where the prototypes are constructed is federally owned, making the project more affordable.As far as the CBP is concerned, the proof of the border wall’s success is in the pudding. A video made by the agency showed an 87 percent reduction in arrests at the border after the creation of a physical barrier.FINANCIAL IMPACT OF THE BORDER WALLSan Diego had funds earmarked for border wall construction ahead of the prototype construction. The CBP allocated 9,000 to replace the primary fence and replace the secondary fence with a wall in the 2017 fiscal year.Despite the federal green light, the San Diego City Council formally opposed the project.The group voted to support Councilmember Georgette Gómez’s proposal to oppose the Border Wall Funding Act of 2017.In her resolution, Gómez cited a San Diego Association of Governments and Caltrans study on the economic impacts of border delays on the cross-border economy. The study found the effects of border crossing delays cost .2 billion in foregone gross output and more than 62,000 jobs in both the U.S. and Mexico economies in 2007."As a city that is invested in the binational economic development of our region, it is important to oppose the building of a wall and focus our resources in enhancing our border infrastructure to ease access of goods and people," Gómez wrote.“The border wall is a huge mistake for our region economically and environmentally. I am happy the City Council voted to pass my resolution. Our tax dollars should be spent uplifting the quality of life for all San Diegans, and tackling our issues on road infrastructure, housing, and homelessness,” she said.For the immediate neighbors of the border wall prototypes, the initial impact has been positive.Otay Pizza manager Wade Aljabi said he’s had an increase in business from CBP officers and construction workers.That might change tomorrow as President Trump’s visit leads to road closures just east of his location in a strip mall at SR-905 and Siempre Viva Rd.“We’ll be open 7 to 7,” Aljabi said. 2925
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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
SAN DIEGO (CNS) - A former Navy man was convicted of second-degree murder Friday for fatally stabbing his estranged wife, whose body was found in San Diego Bay nearly two years after she vanished.Matthew Scott Sullivan, 35, was found guilty for the death of his 31- year-old wife, Elizabeth, who vanished the evening of Oct. 13, 2014.Prosecutors allege Sullivan killed his wife at the couple's Liberty Station home, then hid her body inside a freezer for nearly two years before dumping it in the water.Following a three-week trial and just over a day of deliberations, the jury panel acquitted Sullivan of a first-degree murder charge, but convicted him of second-degree murder, plus an allegation of using a knife in the killing.Sentencing was scheduled for April 13.Deputy District Attorney Jill Lindberg alleged at trial that after stabbing his wife at least five times in her bedroom, Sullivan hid the body and murder weapon inside his home until he was compelled to discard Elizabeth's remains when movers arrived Oct. 4, 2016, at the onset of his cross-country move to the East Coast.Her decomposed body was discovered that same day in the water about a half-mile from their residence, dressed in the same clothes she was last reported wearing.An autopsy revealed a series of injuries to her ribs consistent with stab wounds, as well as fractures in her jaw and her nose.Investigators also discovered the victim's blood beneath the carpet of her bedroom and on a knife in the attic of the couple's home, according to Lindberg.Defense attorney Marcus DeBose argued that the presence of her blood inside her bedroom and on the knife stemmed from self-inflicted cutting, due to a reported history of depression and self-harm. He said that about a month before her disappearance, Sullivan had discovered that his wife had cut herself with a broken shard of glass and bled heavily throughout her bedroom.DeBose said a more plausible theory was that she stashed the knife in the attic to keep her cutting behaviors furtive, rather than her husband holding onto the murder weapon for two years, when he could have easily disposed of it at any time.DeBose also said his client's wife engaged in erratic behavior, including the cutting, as well as substance abuse, and frequently disappeared from home without notice. DeBose said she'd previously talked to her father and friends about leaving Sullivan and their two children.On the night of Oct. 13, 2014, DeBose alleged she simply left the home and never returned.Lindberg told jurors that the victim never contacted anyone after Oct. 13 and never touched about ,000 she transferred from the couple's joint account to her personal bank account shortly before her disappearance.The Sullivans' marriage was spiraling over financial issues and her affair with another man, leading the couple to start sleeping in separate bedrooms, she said.When Sullivan arranged for his mother and sister to move into the Liberty Station home on Oct. 13 to begin caring for their children, his wife contacted an attorney to secure a restraining order to keep her husband's family out of the home, Lindberg said.In addition to being angry over his wife's cheating and her attempts to obtain a restraining order, the prosecutor alleged Sullivan also feared she might take his children in the impending divorce.The marriage was "speeding toward a conclusion that (Sullivan) did not like" and "his back was against the wall. He had to do something to stop her, so he did," Lindberg told the jury.After Oct. 13, 2014, one of the victim's friends, who knew she was planning to leave Sullivan, couldn't reach her and reported her missing.Sullivan did not report her disappearance, but Lindberg noted he did go to a store the morning of Oct. 14 to purchase a single item: carpet cleaner.Investigators searched the home in 2014, when it was still a missing persons case, and found an empty freezer in the garage, Lindberg said, but nothing that could lead to an arrest.A former San Diego County deputy medical examiner who helped conduct the autopsy testified that the victim's decomposition was more consistent with someone who had been dead for one to two months.Lindberg said the most probable explanation is that Sullivan utilized the freezer to hide the body, which accounted for the delayed decomposition, while DeBose countered that theory was mere speculation."Unable to communicate through science and through their doctors that her body was frozen, the People are asking you to take a leap of faith," DeBose told the jury.The prosecutor said a police cadaver dog alerted officers to the presence of a dead body in Sullivan's garage during the 2016 investigation, which she said indicated the body had been hidden in the freezer there and was recently moved.The defendant was arrested in 2018 at his home in Delaware and extradited to San Diego. 4887