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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 and KGTV) - The San Diego Humane Society announced Thursday that its Humane Law Enforcement division conducted a one-day sweep of pet stores and issued more than 100 citations for violations of a partial state ban on the sale of dogs, cats and rabbits.Assembly Bill 485, which went into effect at the beginning of this year, requires pet stores to get their animals from a partnered shelter or rescue center in an effort to curb the sale of pets from so-called puppy mills and kitten factories that breed animals for sale en masse, often in inhumane conditions.Humane Law Enforcement officers issued 39 citations to Broadway Puppies and 38 to Bark Avenue, both located in Escondido, for failing to provide a documented agreement with a public or private animal shelter or rescue organization, according to Humane Society spokeswoman Dariel Walker. Officers also issued 25 citations to Pups & Pets in Santee for improper signage on the cages holding its available animals, she said.RELATED: 26-pound cat helping raise awareness on pet obesity10News spoke to Mindy Patterson, Co-President of "The Cavalry Group," an organization that represents animal businesses. One of their members is Broadway Puppies in Escondido. Patterson said AB485 treats legitimate pet stores unfairly."To mandate that a store is required to obtain and source their animals for sale, from a specific source is unconstitutional," Patterson said. "All I know is that our members are in accordance with the law."Patterson said she wants the public to recognize the difference between illegitimate backyard breeders and USDA-certified breeders. She said both of them are often lumped into the same negative category of "puppy mills.""They are licensed, regulated and regularly inspected facilities that meet very stringent standards," Patterson said. Cavalry Group co-founder Mark Patterson said the store "and its parent organization are faithfully following the letter of the law in this case and will be exonerated of these citations. Other pet stores in San Diego County have been subject to similar harassment by SDHS only to have the citations dismissed in court."Representatives of the other two pet stores could not immediately be reached for comment on the citations, which were issued during a countywide sweep Wednesday of pet stores under the Humane Society's purview.Last July, the county's Department of Animal Services ceded nearly all countywide animal control duties to the Humane Society, except unincorporated areas of the county that are served by the department's shelters in Carlsbad and Bonita.RELATED: San Diego Humane Society sees surge in young wildlife in need of care"My advice is beware," said Humane Law Enforcement Officer Allen Villasenor. "As a brand-new law takes effect, people will use different methods to try to circumvent the law and at this point it's our job to make sure everything is in compliance. I always suggest looking into shelters first, go to the adoption agencies first and see if you can find the right fit for your family there."Residents can report possible violations of the state pet sale laws by calling the Humane Society's Law Enforcement division at 619-299-7012. 3221

SAN DIEGO (CNS) - A Baja California resident pleaded guilty today in San Diego to operating an unlicensed money transmitting business in connection with the sale of hundreds of thousands of dollars in Bitcoin to more than 1,000 customers throughout the United States from January 2015 to April 2016.According to his plea agreement, Jacob Burrell-Campos, 21, admitted to operating a Bitcoin exchange without registering with the Financial Crimes Enforcement Network of the U.S. Treasury Department, and without implementing the required anti-money laundering safeguards.Burrell advertised his business on Localbitcoins.com, and communicated with his customers through email and text messages, often using encrypted applications, according to the plea agreement.Burrell negotiated a commission of 5 percent above the prevailing exchange rate, and accepted cash in person, through nationwide ATMs, and through MoneyGram. Burrell admitted that he had no anti-money laundering or "know your customer" program, and performed no due diligence on the source of his customers' money, according to the U.S. Attorney's Office.The defendant initially purchased his supply of Bitcoin through a U.S.-based, regulated exchange, but his account was soon closed because of a large number of suspicious transactions. He then resorted to a cryptocurrency exchange in Hong Kong, where he purchased a total of .29 million in Bitcoin, in hundreds of separate transactions, between March 2015 and April 2017, according to federal prosecutors. Burrell also admitted that he exchanged his U.S. currency, which he kept in Mexico, with Joseph Castillo, a San Diego-based precious metals dealer.Between late 2016 and early 2018, Burrell and others imported more than million in U.S. currency on almost a daily basis. Burrell admitted that they did this in amounts slightly below the ,000 reporting requirement.Castillo pleaded guilty to making a false statement on his federal tax returns and will be sentenced in December.According to his plea agreement, Burrell agreed to forfeit more than 3,000 to the United States. He will be sentenced in February. 2154

SAN DIEGO (CNS) - A class-action lawsuit has been filed against Legoland and its parent company for allegedly not providing refunds after the Carlsbad theme park was closed to the public due to the COVID-19 pandemic.The suit was filed Monday in San Diego federal court on behalf of Los Angeles County resident Joyce Case against Merlin Entertainments Limited, which operates Legoland, Tussauds Hollywood, Tussauds San Francisco, the San Francisco Dungeon and Legoland Florida.The suit alleges Case purchased tickets to Legoland for a March 21 trip and ended up "one of the many consumers stuck with tickets to a canceled event who has been unable to obtain a refund," according to the complaint.Legoland representatives could not immediately be reached for comment.RELATED:San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopeningThe suit seeks refunds for all customers who paid for tickets, memberships and vacation packages that have since been canceled due to COVID- 19, and damages to compensate customers "for the loss of use of their money during a time when cash is at a premium for the many families targeted by Defendants that are struggling to get by."The complaint states that the terms and conditions of agreements to purchase tickets to Legoland and other Merlin Entertainments Parks hold that if events are canceled, refunds must be paid."Closing of these venues, and cancellation of these events, should have meant that ticketholders were promptly refunded their money -- money that in many cases was very much needed for other purposes," the complaint states. "But that did not happen for customers, who bought tickets, memberships, and vacation packages for Defendants' attractions. Instead, Defendants failed to honor and perform their duties, responsibilities, and obligations under their uniform standardized agreements with their customers, thereby breaching their contracts, but nonetheless pocketed their customers' money and converted it for their own use."A similar class-action lawsuit was filed against SeaWorld last month in San Diego federal court. In that suit, SeaWorld is accused of continuing to charge monthly membership fees to customers during the park's closure. 2329

SAN DIEGO  – The affidavit accusing San Diego County Congressman Duncan Hunter and his wife, Margaret, of prohibited use of campaign contributions provides shocking details about how the couple allegedly spent the money and covered it up.The grand jury's indictment accused Hunter and his wife of misusing campaign funds on everything from vacations to tequila shots at a restaurant.The affidavit says the Hunters made purchases with campaign funds including more than ,000 for a family trip to Italy, more than ,300 for purchases at Costco, and more than ,000 for airline tickets and hotel rooms for their family and friends.Numerous alleged charges also cover amounts in the hundreds at grocery and retail stores and restaurants, including one charge in 2015 at Disneyland totaling 9.44 for Minnie Mouse Ear headbands and apparel, and another in 2016 for "30 tequila shots and one steak" totaling 2.46 at a restaurant. 983