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SAN CLEMEMTE, Calif. (KGTV) -- Video shows nearly a dozen people escaping onto a San Diego County beach in a smuggling attempt. The video was captured on October 25 by U.S. Customs and Border Protection. At midnight, agents reportedly spotted a suspicious panga-style vessel landing on a beach near San Mateo Point in San Clemente. RELATED: Panga boat washes ashore on San Diego beach, but no passengers foundVideo then shows 11 people getting off the boat, running toward a multi-million dollar beachfront home. Border Patrol agents were able to detain nine out of the 11 people. The agency says six of the individuals were Chinese nationals while three were Mexican nationals. All were in the U.S. illegally, CBP says. RELATED: Panga Boat found at Tamarack State Beach, Border Patrol investigatingThe captain of the boat faces federal human smuggling charges. 870

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 former U.S. Navy captain and two chief petty officers were indicted in San Diego Friday on charges they allegedly received cash bribes, lavish hotel suites and the services of prostitutes from a foreign defense contractor and allegedly reciprocated by using their influence within the Navy's Seventh Fleet to approve inflated invoices from the contractor.Retired U.S. Navy Capt. David Williams Haas, 50, faces charges of conspiracy to commit bribery, bribery and conspiracy to commit honest services fraud. He allegedly received at least 5,000 in bribes from defense contractor Leonard Francis, who plied him with parties at luxurious hotels, prostitutes, top-shelf booze and food, according to indictments handed down by a federal grand jury.RELATED: 783

SALT LAKE CITY — A football game scheduled for next weekend between Brigham Young University and the Army has been postponed due to a COVID-19 outbreak.The matchup was scheduled for Sept. 19 in West Point.BYU announced Saturday that a "mutual decision" was made to cancel the game after "a small number of positive COVID-19 test results and the resulting tracing exposures within the BYU football program."The conclusion was made after consulting with health officials and medical advisors."While we share the disappointment of everyone involved in the game between BYU and Army, safety as well as the physical and mental well-being of our student-athletes, coaches, staff and the opposing team is our top priority," BYU Athletic Director Tom Holmoe said.The teams are working to reschedule the game.BYU is the only Utah college that has not postponed its football season this year.The Cougars beat the Navy Midshipmen 55-3 in their opening game Monday and will face the Troy Trojans on Sept. 26 at LaVell Edwards Stadium in Provo.Army defeated Louisiana-Mornore 37-7 on Saturday to improve to 2-0.This story was originally published by Spencer Burt on KSTU in Salt Lake City. 1184

SALT LAKE CITY, Utah — South Salt Lake Police officers pitched in to replace a woman's American flag after they say she used it to fight off a home intruder on Monday.According to the department, 42-year-old Justin Scott Smith attempted to break into the woman's home shortly before 9 a.m.Police say when the suspect entered the front yard through the gate and assaulted multiple people, the woman grabbed the flag pole with the flag attached to defend herself and her family members. They say she hit the suspect multiple times, breaking the pole in the process, and the victims retreated into the home.Smith kicked the door in and continued to assault everyone inside, police say, before officers arrived and took him into custody.He was arrested on suspicion of assault, aggravated assault, aggravated burglary, and criminal mischief.After the incident, police say the woman was worried about desecrating the flag because the pole had broken and the flag had hit the ground, so officers took up a collection to replace it. (Photo courtesy South Salt Lake Police) This story was first reported by Spencer Burt at KSTU in Salt Lake City, Utah. 1174