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SAN DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three 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.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167
SAN DIEGO — With picture-perfect views, San Diego appears to be a flawless place to live. However, with the average rent for an apartment around ,000 and the cost to purchase a home around 0,000, America’s finest city loses some of its appeal.“Everybody said you’re set with your life,” Chris Allen explains.Allen is a former Navy rescue diver, swim coach, husband and dog dad who fell on hard times because of a bad motorcycle accident.“I had like a 9 percent chance to live,” Allen said.This accident forced him out of work for six months, so he started living in his van. He ended up converting his van to include a fridge, a fold out bed, lighting and uses a bucket with kitty litter for the restroom. Now a year later, he’s embraced van life and says it provides a chance to travel and save money.“It’s more freedom, but at the same time it’s more responsibility,” Allen said.Allen isn’t alone. During a weekend meet-up, around 300 vans and van-lifers packed Fiesta Island in California to explore each other's vans, and discuss life on the road.Liz Bryant, who works as a social media influencer, is living in a converted Mercedes sprinter van. She said she started living in her van for the freedom. “We don’t want to be tied down to an apartment. We don’t want to be tied down to a monthly payment,” Bryant said. Sky Montrell is moving into her van because she is tired of throwing away ,000 a month on rent. “The cost of living in LA is crazy,” Montrell said. The "van life movement" has made a mark on social media. The hashtag #VanLife has been used more than 4 million times. Even though the movement is growing in popularity, sleeping in your vehicle on city streets in San Diego isn’t allowed. Those who do it are willing to risk a ticket or have to move around from location to location. Currently, there is a lawsuit filed against the city of San Diego pushing for a lift on the ban against people living in their vehicles and parking on city streets for long hours. The city declined KGTV's request for comment because the matter is ongoing.Breanne Acio runs SD Camper Vans and converts vans for people looking for life on wheels. She says she’s seen an increase in customers recently. “A lot of people are downsizing," Acio said, "and they are putting their lives first and doing things they thought they could only do when they’re 65 and retired." 2481
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 (CNS) - A 24-year-old woman who succumbed to some type of medical emergency -- possibly a drug overdose -- and became gravely ill after being arrested in University City last week died in a hospital today, authorities reported.Aleah Jenkins was pronounced dead at UCSD Medical Center nine days after being taken into custody, according to San Diego police.On the afternoon of Nov. 27, Jenkins was riding in a vehicle that was pulled over in the 3700 block of La Jolla Village Drive, Lt. Matt Dobbs said.After determining that she was the subject of an outstanding misdemeanor warrant for possession of methamphetamine, officers arrested Jenkins. While still at the scene of the traffic stop, Jenkins became ill and vomited."The officers called for paramedics, but (Jenkins) said she had only had an upset stomach, so medics were canceled," Dobbs said.Jenkins was then taken to downtown SDPD headquarters, where, while being processed for booking into county jail, she passed out, according to police."Officers immediately began lifesaving efforts and called for medical assistance," the lieutenant said.Paramedics took over the emergency aid and rushed Jenkins in for hospital care."During the course of the medical intervention, controlled substances were found concealed in (Jenkins') clothing," Dobbs said this afternoon."At this point, there is no indication any force was used on (her)."A cause-of-death ruling will remain on hold pending autopsy results.Police, however, believe that Jenkins may have suffered a drug overdose, according to Dobbs.The officers who conducted the traffic stop during which Jenkins was taken into custody have been identified as Nicholas Casciola and Jason Taub. A third, Officer Lawrence Durbin, helped transport her following her arrest, Dobbs said. 1805