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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 — An Uber driver escaped from his car after it plunged into San Diego Bay Thursday night.San Diego Harbor Police said the incident occurred at around 10:30 p.m. local time. The driver was on his way to pick up a customer on Harbor Island when he arrived at a T-intersection at a high rate of speed, causing him to drive off the road and into the water. 375

SAN DIEGO (AP) — Three solo home runs were enough to power the San Diego Padres past the Miami Marlins.Franmil Reyes, Hunter Renfroe and Ian Kinsler homered, and left-hander Joey Lucchesi combined with two relievers on a four-hitter for his first victory in six starts to lead the San Diego Padres to a 5-2 victory Friday night."We thrive with the long ball and we've got the guys who can hit them," manager Andy Green said. "You have to embrace who you are. We've got a lot of slug as a club. It's nice when you get guys on base and hit two- and three-run homers, but solos did it today."Lucchesi certainly enjoyed the power display."I love it. I love when guys hit them," the big lefty said. "It makes them feel good, it makes us feel good. It's great."Lucchesi (4-3) hadn't won since beating Cincinnati at home on April 21. He retired his first seven batters before allowing a double by Miguel Rojas in the third. He then retired eight straight before allowing a home run by pinch-hitter Rosell Herrera with one out in the sixth. Lucchesi struck out five and walked one.Craig Stammen pitched 1 2/3 hitless innings, Phil Maton allowed two singles to open the Marlins' ninth and Kirby Yates came on to get the final three outs for his 22nd save, best in the majors.Herrera was pinch-hitting for lefty Caleb Smith (3-3), who lost his third straight decision after allowing two runs and three hits in five innings. He struck out eight and walked two."I thought he threw the ball really well," manager Don Mattingly said. "Gives up the two solos, but I think we saw the finish that we talked about before, more swing and miss. Definitely a lot better out of Caleb tonight."The Padres "don't really chase too far out of the zone," Mattingly said. "They've got swing and miss but they don't chase all over the place, so there were a lot of deep counts and you've got to make pitches, so we know they're dangerous from that standpoint."Reyes homered on a line shot to left with one out in the first, his 16th. Renfroe hit a moonshot into the second balcony on the Western Metal Supply Co. Building in the left-field corner with one out in the fourth for his 15th."I felt like my stuff was pretty good," Smith said. "Just made a couple mistakes and I've got to stop giving up the long ball."Kinsler homered off Austin Brice with one out in the seventh for his seventh. 2370

SAN DIEGO (AP) — The Trump administration said Thursday that it ended special considerations to generally release pregnant women charged with being in the United States illegally while their cases wind through immigration court.U.S. Immigration and Customs Enforcement said it scrapped a policy that took effect in August 2016 that pregnant women should be released unless they met limited criteria that required them to be held by law, such as serious criminal histories, or if there were "extraordinary circumstances."The new policy, which took effect in December but wasn't announced until Thursday, gives no blanket special consideration to pregnancy, though the agency says each case will be reviewed individually and women in their third trimester will generally be released.The move is the latest effort to scrap immigration policies created in the final two years of Barack Obama's administration. Shortly after Trump took office, rules that generally limited deportations to convicted criminals, public safety threats and recent border crossers were lifted, making anyone in the country illegally vulnerable. Deportation arrests have spiked more than 40 percent under Trump's watch.Administration officials said new rules on pregnant women aligned with the president's executive orders last year for heightened immigration enforcement."All across our enforcement portfolio, we're no longer exempting any individual from being subject to the law," said Philip Miller, deputy executive associate director of ICE's enforcement and removal operations.Women and immigrant advocacy groups, many who have criticized medical care at immigrant detention centers, swiftly condemned the change.While authorities made clear that it would review cases individually and that officers may consider pregnancy, the new policy shifts the focus more toward detention."It's basically a different starting point," said Michelle Brané, the Women's Refugee Commission's director of migrant rights and justice program and a frequent critic of immigration detention. "They're shifting the presumption. There used to be a presumption that detention was not a good place for pregnant women.""This new policy further exposes the cruelty of Trump's detention and deportation force by endangering the lives of pregnant immigrant women," said Victoria Lopez, senior staff counsel for the American Civil Liberties Union.U.S. officials said it was unclear how many women would be affected by the new policy. Immigration and Customs Enforcement took 506 pregnant women into custody since the new policy took effect in December and had 35 last week.Immigration authorities are required by law to hold certain people regardless of pregnancy, including people convicted of crimes listed in the Immigration and Naturalization Act or placed in fast-track removal proceedings when they are arrested crossing the border.Officials say it's unclear how many women who would have been released under the old policy will now be held. 3005

SAN DIEGO (CNS) - A gunman who allegedly tried to mug a man he met online under the pretense of buying a gold chain outside a Chula Vista Costco, was behind bars Wednesday, facing a robbery charge.Albert Molina, 30, was arrested Tuesday after a scuffle in which the 23-year-old alleged victim snatched away his gun, fired a shot and held him at gunpoint while calling 911, according to police.Prior to the confrontation, Molina and the other man had communicated via OfferUp, an online service that facilitates private sales of used goods, Lt. Dan Peak said.Meeting the seller outside a Costco store in the 1100 block of Broadway, Molina agreed to buy a gold chain and provided a money order to supposedly pay for it. The two men tried to cash the check together, but found it was no good, according to police.They went to Molina's car and were sitting in it when the seller asked Molina to return his chain, which Molina was wearing, Peak said, adding "the suspect refused and pulled out a gun."The two men wrestled over the gun, which ended up in the seller's possession as he fell out of the vehicle. Believing Molina was going to run him over, he fired a round in Molina's direction, then held him at gunpoint while summoning police.Patrol officers arrived shortly after 7:30 p.m. and took both men into custody. After being interviewed by detectives, the seller was released, while Molina was booked into San Diego Central Jail. Neither was reported to be injured. 1477