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SAN DIEGO (CNS) - A 21-year-old man who used social media to convince a 14-year-old girl to send him sexually explicit photos, telling her to take a "leap of faith" to meet and have sex with him, is facing years in federal prison when he's sentenced in January, the U.S. Attorney's Office announced Monday.Jurors found Isaiah Smallwood-Jackson guilty of production of child pornography and enticement of a minor. The federal convictions reached Thursday-- in a case investigated by the Oceanside Police Department -- trigger mandatory minimum sentences of 15 and ten years, respectively, according to the U.S. Attorney's Office.According to evidence presented at trial, Smallwood-Jackson began communicating with the girl using the Spotafriend social media application. He admitted during chats with the victim -- whose profile listed her true age of 14 -- that he was 21 years old and didn't care that she was a minor.Using the internet, Smallwood-Jackson discussed sexual acts he wanted to perform with the girl and convinced her to produce and send him sexually explicit pictures and provide her address, according to Assistant U.S. Attorney Mandy Griffith.The girl repeatedly told Smallwood-Jackson that she was not sure she wanted to meet with him, but he told her to take a "leap of faith." The defendant then traveled to her home, convinced her to come outside, and had sex with her, according to prosecutors.In texts afterward, Smallwood-Jackson apologized for hurting the minor victim. She confided in her sister, who contacted law enforcement."Internet predators beware: the Department of Justice is committed to striking back against repugnant crimes against innocent children," said U.S. Attorney Adam Braverman. "No child should ever have to endure sexual abuse. The United States will utilize every tool available to it to hold these 1855
SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO (AP) — U.S. border authorities stopped people entering the country illegally from Mexico more than 69,000 times in October, the sixth straight monthly increase and the highest level since July 2019. Mark Morgan, acting Customs and Border Protection commissioner, said deteriorating economic conditions were driving more people to come to the United States. The percentage of people caught who had tried crossing the border at least once in the previous year was 37% for those expelled from March through September. The numbers offer a likely scenario of what President-elect Joe Biden will inherit upon taking office in January. 646
SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129
SAN DIEGO (AP) — The mother of a U.S. Navy veteran from California sentenced to 10 years in prison by the government of Iran said Tuesday he has lost his appeal and she is worried that he is being forgotten by the U.S. government.Michael R. White was convicted of insulting Iran's supreme leader and posting private information online. He was the first American known to be imprisoned in Iran after President Donald Trump took office. Few other details are known about his case.Joanne White, speaking through a family spokesman, said she was disappointed Trump did not mention her son or other Americans held in Iran when he spoke to the United Nations General Assembly.RELATED: Wife of Imperial Beach man arrested in Iran recalls suspicious behaviorFamily spokesman Jonathan Franks said Joanne White has not had any way to communicate with her son and she relies on officials with the Swiss government who meet with him when possible. She wants to ask the Iranian government to let him call her. The White House has not contacted her, he added."I think her feeling is it is now time for his case to get as much attention as those in which the president has successfully brought people home," Franks said.Trump has secured the release of a dozen Americans held hostage or unjustly imprisoned overseas since taking office.Franks said Michael White, 46, recently had surgery to remove melanoma and his mother is concerned about his health, especially in the poor conditions in which he is being held in Iran.ORIGINAL STORY: Navy veteran from Imperial Beach being held in IranThe family has been raising money through a GoFundMe page to send to the Swiss government to get him adequate food, Franks said."We're exploring all opportunities and continue to hope that President Trump will personally show interest," the family's attorney, Mark Zaid, said in an email to The Associated Press.Joanne White said her son, who lived in Imperial Beach, California, went to Iran to see a woman she described as his girlfriend and had booked a July 27 flight back home to San Diego via United Arab Emirates. She filed a missing person report with the State Department after he did not board the flight.She said he had been undergoing treatment for a neck tumor and has asthma.White worked as a cook in the U.S. Navy and left the service about a decade ago.It remains difficult for Americans to get visas to Iran, 40 years after the Islamic Revolution and the U.S. Embassy hostage crisis, but Franks said Michael White traveled there legally with one.Others being held in Iran are:— Iranian-American Siamak Namazi and his octogenarian father Baquer, a former UNICEF representative who once served as governor of Iran's oil-rich Khuzestan province. Both are serving 10-year sentences on espionage charges.— Iranian-American art dealer Karan Vafadari and his Iranian wife, Afarin Neyssari.—Chinese-American graduate student Xiyue Wang was sentenced to 10 years after being accused of infiltrating the country while doing doctoral research on Iran's Qajar dynasty.— Nizar Zakka, a U.S. permanent resident from Lebanon who advocated for internet freedom and has done work for the U.S. government. 3185
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