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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523

SAN DIEGO (AP) — A federal judge has extended a freeze on deporting families separated at the U.S.-Mexico border, giving a reprieve to hundreds of children and their parents to remain in the United States.U.S. District Judge Dana Sabraw said in his order Thursday that "hasty" deportation of children after reunification with their parents would deprive them of their right to seek asylum.The American Civil Liberties Union had requested families be given at least a week. The judge's order did not specify a date for when the reprieve would end.RELATED: Trump admin outlines plan to reunify separated children with deported parentsThe government has opposed the move, saying parents waived the rights of children to pursue asylum claims after signing deportation forms. Both sides were to discuss the decision at a hearing Friday.The order to extend the freeze, which Sabraw first put in place July 16, affects many of the more than 2,500 children who were separated from their parents.In his ruling, Sabraw said delaying the deportations "would not unfairly or unduly tax available government resources," but that carrying out the removals would go against the public's interest in upholding the country's laws and protecting the rights of immigrants and asylum seekers.RELATED: San Diego judge upholds ban on deporting reunited migrant familiesHe said claims of people persecuted in their homelands should at least be heard. Many of the families have said they were fleeing violence in their home countries in Central America and planned to seek asylum."The Court is upholding the rights provided to all persons under the United States Constitution, rights that are particularly important to minor children seeking refuge through asylum, and rights that have been specifically recognized by the President's Executive Order in the particular circumstances of this case," Sabraw wrote.In late June, Sabraw ordered that children under 5 be rejoined with their parents in 14 days and children 5 and older be rejoined in 30 days.RELATED: Ivanka Trump says family separations issue 'was a low point'The order came days after President Donald Trump, amid public outrage at children being taken from their parents, halted the "zero-tolerance" policy implemented in the spring that split families up at the border.As of Aug. 16, the government had reunified 2,089 children with their parents or to others, including sponsors. Nearly 600 were still separated, including 366 with parents outside the U.S. 2504

SACRAMENTO, Calif. (KGTV) — California’s Senate has approved a measure to increase the scrutiny of hunting licenses used in gun sales, prompted by last year’s fatal shooting at a Poway synagogue. Senate Bill 914, introduced by Democratic Sen. Anthony Portantino, would require gun stores and the state Department of Justice to both check the validity of hunting licenses during a waiting period after gun buyers purchase a weapon and before they pick it up. The bill will now head to the state Assembly.SB 914 comes after a 10News investigation uncovered that the 19-year-old shooting suspect bought the gun used in the attack at a shop in San Diego using an invalid hunting license. 10NEWS INVESTIGATIONS ON POWAY SHOOTING:New bill aims to correct error that allowed Poway suspect to buy gunQuestions about how the synagogue shooting suspect got the gunProcess to get a hunting license in CaliforniaThe suspect, 19 at the time of the shooting, used that invalid hunting license to claim an exemption to a state law that raised the minimum purchase age to 21.California's age limit law, a bill Portantino authored in 2018, kept the minimum purchase age at 18 for military, law enforcement, and those with valid state-issued hunting licenses."The system should have been better, and that's what we're coming to grips with," Portantino said in an interview with 10News reporter Jon Horn. "How do we make it better, so these things have protections so that it doesn't happen again?"The Associated Press contributed to this report. 1535

SAN DIEGO (CNS) - A flash fire at the Ballast Point Brewing Company kitchen in Miramar sent one person to a hospital Saturday.Just after 9 a.m., firefighters were alerted to a kitchen fire at the brewpub, in the 9000 block of Carroll Way, San Diego Fire-Rescue Department spokesperson Monica Munoz said.A man in his 40s had to be taken to a hospital for burns, though they were not considered severe, Munoz said.No one else was injured.The brewery announced on social media that it will be closed all day Saturday and open for normal business hours Sunday.The San Diego County Department of Environmental Health will need to be called in to inspect fire safety equipment that was used by the restaurant before it can re-open, Munoz said. 745