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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
Samuel Oliver-Bruno left a sanctuary church in North Carolina to meet immigration officials, fearing he'd never come back.Oliver-Bruno had an appointment with immigration officials to provide fingerprints and discuss a petition to delay his deportation. He was accompanied by faith leaders and other supporters Friday for the 13-mile trip to the offices in the Raleigh-area.About 20 minutes after he walked into the offices of US Citizenship and Immigration Services, agents dressed in plainclothes arrested him.Faith leaders and church members quickly formed a human wall around the vehicle taking him to detention, and would not leave.They locked arms around the agents' unmarked gold-colored van and prayed for about two hours. They sang "Amazing Grace" and other worship songs."Let him stay!" they yelled. "Let your people go!" 839

SAN DIEGO (AP) — A congressional watchdog agency says the Trump administration's plan to erect hundreds of miles of barriers along the border with Mexico fails to adequately consider costs, potentially raising the price and creating delays.The administration has estimated it will cost billion for 722 miles (1162 kilometers) of wall but that was based on average cost per mile.The Government Accountability Office said Monday that costs can vary considerably based on the slope and topography, land acquisition costs and other factors.The GAO says that without more information there is increased risk that the wall "will cost more than projected, take longer than planned, or not fully perform as expected." 721
SAN DIEGO (CNS) - A group of civic leaders will gather Monday to announce a proposed outreach program intended to help people experiencing homelessness with a rapid response team.Mayor Kevin Faulconer, City Council President Georgette Gomez, City Councilmembers Chris Ward and Monica Montgomery Steppe and San Diego Housing Commission President and CEO Richard Gentry will meet at Officer Jeremy Henwood Memorial Park in City Heights to discuss the program, which will be presented to the City Council on Tuesday.The Coordinated Street Outreach Program marks a new approach to conducting homelessness outreach in the City of San Diego and addresses gaps in the existing system, while leveraging and enhancing outreach resources citywide.It builds on a 2018 pilot effort started in the Mid-City area by Gomez and Ward in partnership with the nonprofit service provider People Assisting the Homeless. The new program will incorporate a neighborhood- specific approach with proactive contacts with residents, business owners and civic organizations that is modeled after the pilot initiative.The Coordinated Street Outreach Program will consist of two main service elements: a Rapid Response Team and a Mobile Homelessness Response Team.The Rapid Response Team is intended to focus on areas with known concentrations of individuals experiencing unsheltered homelessness and provide immediate intervention and problem-solving resources while working to improve the person's sense of safety and helping to meet their basic needs.The Mobile Homelessness Response Team will provide street-based case management and prioritize interactions with individuals who are among the city's most vulnerable. The plan is for this team to work to identify individuals who may already be connected to a housing resource and are on a localized list developed in collaboration with the Regional Task Force on the Homeless. This team's efforts are intended to help individuals address barriers to getting housing -- such as obtaining identification, accessing primary care and seeking employment resources.PATH would operate the proposed program through a contract with the San Diego Housing Commission on behalf of the city.The program will attempt to support the city's community action plan on homelessness and work toward achieving the goal of reducing unsheltered homelessness in San Diego by 50% over the next three years. 2413
SAN DIEGO (CNS) - A grand jury report released Wednesday found multiple gaps in institutional safety and training in the Child Welfare Services division of San Diego County's Health and Human Services Agency. The grand jury reviewed the workloads of social workers in the CWS division, as well as how CWS workers are trained to provide support and care to foster children and parents. The panel also looked into the effects of the state's Continuum of Care Reform Act, which required regional foster care systems to increase support for foster families and improve outcomes for foster youth. The grand jury found that most social workers are overworked and often spend as much or more time on administrative work than interacting with foster children and families, resulting in poor communication and coordination. CWS staff and foster parents also lack the proper training to offer trauma- informed care or support for victims of human trafficking, according to the report. RELATED: Team 10: Child maltreatment in foster careThe grand jury launched the study after the San Diego Union-Tribune reported last July on a lawsuit alleging multiple instances of abuse of foster children over a seven-year period. Through interviews with county officials and a review of current CWS practices, the grand jury received reports that nearly one-third of foster children were abused in some way in their foster homes. In addition, roughly 20% of all calls to the county's child abuse hotline were from foster youth. ``Even though foster families have 12 hours of initial training including an orientation and eight hours of continuing education/year, the grand jury believes increased training in trauma and parent education will decrease maltreatment in (the Resource Family Approval program) and kinship care,'' the report says. RELATED: Team 10: California department does not maintain data on all foster care deathsThe grand jury issued nearly 10 recommendations to the county to improve the foster care system and ensure the safety of foster youth, including an annual study of abuse and mistreatment and a dedicated oversight board to investigate cases of abuse in foster homes. Currently, cases of abuse in the county's foster youth system are handled by a group of protective service workers and records clerks. Those workers coordinate with local law enforcement to investigate abuse and mistreatment allegations. The panel also recommended that the county study both current workloads for its social workers and overall turnover rates to improve recruitment and retention efforts. The study should also focus on how to increase interaction between social workers, foster youth and their foster families, according to the grand jury. 2740
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