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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 30-year-old man was killed when he lost control of his motorcycle and crashed into a fire hydrant in a neighborhood north of Scripps Ranch.The crash was reported around 4:20 p.m. Wednesday on Stonebridge Parkway near Stockwood Cove, off Pomerado Road in the Rancho Encantada neighborhood, San Diego police Officer John Buttle said.The victim was riding his 2019 Indian Scout motorcycle between 80-100 mph eastbound on Stonebridge Parkway when he lost control at a curve in the road, jumped the curb and slammed into a fire hydrant, Buttle said.The rider was ejected onto the roadway and pronounced dead at the scene, he said. The man's name was withheld pending family notification. 710

SAN DIEGO - (KGTV) A San Diego biotech company is doing research that could lead to a vaccine against the coronavirus.Todd Nelson is the CEO of SGI-DNA in Sorrento Valley. His company invented the first automated gene printer. "We use that system actually to print genes. Genes are made of little building blocks that you've heard of, and we use that to rapidly, and in an automated fashion, print genes that researchers can use around the world for vaccine development. "RELATED: Miramar coronavirus evacuees start petition for quarantine oversightThe printer is called the BIO XP 3200. Roughly, 200 are in use around the world. "We're basically taking an entire laboratory of researchers that are doing various things, and we put it in a box," said Nelson.Researchers are using the printer to write the genes of the coronavirus."Even a nasty little thing like the coronavirus has its own genes, and there are certain genes that make that amenable to being a vaccine, and we know what those are so we put the information into the system, and we push a button and about 8 hours later that potential gene comes out ," said Nelson. RELATED: Mislabeled sample led to release of San Diego coronavirus patientNelson is confident the technology will lead to a vaccine. "We're partnering with pharmaceutical firms to develop that in a very, very rapid fashion in the next 7 to 10 days to develop a vaccine," said Nelson. The company used the same technology to help develop a vaccine for the Bird Flu in 2013. Dan Gibson is the company's chief technology officer and the inventor of the technology used in the gene printer.RELATED: First case of coronavirus confirmed in San Diego"That's really the power of synthetic DNA technology. You can keep up with the virus and write and build many vaccines to fight it and ultimately find a universal solution that puts an end to the coronavirus outbreak." 1900
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 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
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