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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 CLEMENTE ISLAND, Calif. (KGTV) -- The two soldiers killed in an aircraft accident on San Clemente Island have been identified, the U.S. Army Special Operations Command said Saturday.According to the news release, 33-year-old Staff Sgt. Vincent P. Marketta of New Jersey and 22-year-old Sgt. Taylor M. Shelton of San Bernardino died on August 27 during an aviation training mishap.Marketta enlisted in the Army in 2011 as a 15T UH-60 Black Hawk Repairer and was assigned to the 160th Special Operations Regiment. While assigned to the unit, Marketta deployed to Afghanistan in support of Operation Enduring Freedom. He also deployed multiple times to Iraq for Operation Inherent Resolve, according to the Army.Shelton enlisted in the Army in 2016 also as a 15T UH-60 Black Hawk Repairer and was assigned to the same unit as Marketta. During his service, Shelton deployed to Afghanistan in support of Operation Enduring Freedom.“The loss of Staff Sgt. Marketta and Sgt. Shelton has left a scar in this Regiment that will never completely heal,” said Col. Andrew R. Graham, commander of the 160th Special Operations Aviation Regiment (Airborne).“Their level of dedication to the 160th SOAR (A) and their exemplary service in the Army is the embodiment of what it means to be a Night Stalker and a Soldier. Our priority now is to ensure the Families of our fallen warriors receive our complete support as we work through this tragedy together. We ask that you keep Staff Sgt. Marketta, Sgt. Shelton, their Families and fellow Night Stalkers in your thoughts and prayers.”The incident comes just weeks after nine servicemembers, eight Marines and one sailor, were killed in an amphibious assault vehicle training accident off the coast of San Clemente Island. 1766

SAN DIEGO — When Johan Engman scouts locations for his breakfast-centric restaurants, he always seeks places with lots of outdoor space.“Just because we're in Southern California,” he says. “Not because I was predicting a pandemic.”But that criteria sure helped when the coronavirus outbreak hit, and restaurants became limited to outdoor-only seating.Some Breakfast Republic locations didn't lose any capacity, while others, such as its Encinitas eatey, lost about 75 percent.“We're surviving,” Engman says. “I think 2020 is really about being here in 2021.”On Monday - a little help making it through the year. Gov. Newsom and the county paved the way for restaurants across San Diego County to serve tables indoors at 25 percent capacity, after two months of outdoor only. Still, it’s unclear whether the increased restaurant capacity will lead to more jobs- as tens of thousands of displaced workers wait for the call.In July 2019, more than 130,000 San Diegans worked in county restaurants, according to the state Employment Development Department. Last month - with restaurants at outdoor only - that number was just 103,000, a nearly 21 percent drop.Alan Gin, an economist at the University of San Diego, said restaurants will be cautious when it comes to adding staff.“If they can get by without additional staff I think they're going to try to do that,” Gin said. “But if they're strained, if they're already at capacity and to add those 25 percent they're going to need to bring more people back, I think that's what they'll do.Engman says Breakfast Republic will be hiring with the increased capacity, but it’s too early to know the number. He says, however, that he is concerned about winter weather amid still mostly outdoor dining in the coming months.Engman says what would help spur hiring - another round of government stimulus Paycheck Protection Program loans. 1887

SAN DIEGO — San Diego's mom-and-pop businesses and government agencies alike are awaiting their share of the 0 billion dollar stimulus package.The package provides forgivable loans for small businesses, boosts unemployment checks by 0 per week, and infuses billions into rental assistance, vaccine distribution, education, and child care.Michel Malecot is readying to apply for a new forgivable Paycheck Protection Program loan, from the new package. He got about 2,000 in the first round in March to help The French Gourmet and catering operation stay afloat. Now, his Pacific Beach bakery restaurant is having to deal with another shutdown order that disallows outdoor dining."I'm super happy because we really needed it," he said. "I don’t think people realize that the caterers and the restaurants that have been closed, they still have to make payroll if they want to be around for the future. We need to continue to maintain good people.”A county spokesman said Monday that officials were still trying to determine how much would be coming San Diego’s way.Attorney Kelly DuFord Williams, managing partner of Slate Law Group, said, however, that the cash won't all come at once.“If California is working directly with the federal government to receive the funds, my guess is it's going to be a lot faster for those agencies to get that funding,” she said. “The PPP loan will be distributed directly from the federal government to people across the nation via their bank accounts, and it’s going to depend on who is prepared and who is not, and whose application gets processed first and whose doesn’t.”The region remains plagued by high unemployment. The state recently reported about 100,000 San Diegans are out of a job - numbers that predate the latest shutdown order. 1793

SAN DIEGO (AP) — The Navy has denied a request for clemency and upheld a military jury's sentence that will reduce the rank of a decorated Navy SEAL convicted of posing with a dead Islamic State captive in Iraq in 2017.A spokesman for naval operations, Cmdr. Nate Christensen, said Tuesday that Adm. Mike Gilday made the decision after careful review of the trial and the clemency request by lawyers for Edward Gallagher.Gallagher's lawyer, Timothy Parlatore, says they are disappointed and only a presidential tweet could change things. He says Gallagher will now lose up to 0,000 when he retires because of his loss of rank.RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four monthsA military jury acquitted Gallagher this summer of murder in the killing of the wounded captive and other charges. 829

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