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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 (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 BERNARDINO (KGTV) - With their backs to the wall, facing elimination, an unforgiving heat, and trying to stave off fatigue from a rigorous schedule, the Park View Little League all-stars survived to play another game at the West Regional tournament in San Bernardino.Keyed by slugger Jose Mendoza and stellar pitching by Kainoa Baptista, the Green Monsters kept their postseason run alive while ending the Arizona Sunnyside Little League's hopes of advancing.  The squad from Chula Vista defeated Sunnyside 9-5 in an elimination game Tuesday afternoon.PVLL, which suffered its first loss of the postseason on Monday, took an early 3-0 lead on a first-inning three-run blast to right center by Mendoza.The Southern California champs broke the game open in the third inning.  Down two outs with runners on first and second, Aiden Skinner punched a deep single to right field scoring Jordan Bleisch.The long inning and blistering 108-degree heat seemed to wear down Arizona starting pitcher Cristobal Lorta.  Lorta started struggling with his form allowing Park View to extend their lead 7-0 on two wild pitches with runners on third and an RBI single to Conner Alonzo.Sunnyside's decision to keep Lorta on the mound in the fourth inning backfired when the leadoff batter, Ivan Rodriguez Jr., ripped the first pitch down the left field line for a double. Lorta then hit Mendoza and Makai Corpuz with a pitch leading to two more runs later in the inning.Arizona's last-gasp effort in their final turn at-bat shrunk Park View's lead 9-5 on a two-run homer by Jovanni Toledo but PVLL closer Atticus Gates to force a pop fly to left field for the final out.The Green Monsters won't get much time to enjoy their victory.  After playing three consecutive days in triple-digit heat, PVLL will return Wednesday night at 7 p.m. to face either Tri-City Little League of Northern California or Dixie Little League of St. George, Utah, in another elimination matchup.Park View may be favoring a match up against Tri-City.  The Green Monsters defeated the Northern California champs in a 16-8 rout that saw a grand slam and a pair of back-to-back homers from Rodriguez and Mendoza.  The winner of the West Regional advances to Williamsport, Pa., for the Little League World Series, which runs Aug. 16-26.10News' Jermaine Ong contributed to this report.-------------------------------------------NOTES  2477

SAN DIEGO -- Chris Fonseca is beginning the new year with a search for a new place to rent."It's a little scary," he says. Hard to blame him for feeling that way. Fonseca says he lucked out and found a unit in an aging building in Hillcrest for just 0 a month. That building is now up for redevelopment, meaning he and his neighbors have to find a new home, in a county where the average rent is north of ,900 a month. "A couple other friends have been looking for places this year and the prices are much, much higher than anticipated," Fonseca says.Higher rents weren't the only headwinds facing San Diegans in 2018. The record summer heat played a part - leading to some electric bills at 0 or higher. More than 100 thousand San Diego households hit the new state-mandated high usage charge, which San Diego Gas and Electric says added about to the typical bill. Earlier in December, SDG&E formally asked the state Public Utilities Commission to remove that charge. A spokeswoman for the CPUC did not immediately respond to requests for comment. Also in 2018, a city audit found that nearly 3,000 families were incorrectly charged for water, largely due to human error. The department is now undergoing major reforms, which should make billing more accurate - and help residents with questions or disputes get through to customer service faster. In addition to the rising rents, the median price for a home rose 4.6 percent over the year to 5,000, CoreLogic reports. 1497

SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was sentenced Thursday to 270 days in jail, which will be served on weekends.Eric Van Vleet, who was arrested in Idaho's Cassia County four days after the Nov. 1, 2019, attack, pleaded guilty last year to a felony count of battery on a peace officer resulting in injury.San Diego County Superior Court Judge Melinda J. Lasater ordered that Van Vleet serve his time in county jail on 35 consecutive three-day weekends, totaling 105 days, with the rest of the time earned through custody credits. Lasater, who also imposed five years of probation, ordered that the jail term be re-evaluated and potentially modified after 15 weekends.RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerDeputy District Attorney Will Hopkins said San Diego Police Officer Ben Hall and his partner, Kristen Robinson, witnessed a fight break out among several people outside the Atomic bar about 1 a.m.Hall pepper-sprayed the combatants, including one man, who punched his girlfriend after being blinded by the mace.When Robinson went to detain the man, with Hall assisting, Hopkins said Van Vleet -- who was dressed as Jesus Christ with devil horns -- yelled, "(Expletive) the police" and punched the lawman in the side of the head.He then walked away from the ruckus, disappearing into a crowd and getting into a ridesharing vehicle, and eventually left the state. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect.Hall was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post- concussion symptoms, according to Hopkins.Hall and Robinson called the incident "an ambush" at Van Vleet's sentencing hearing, and said it left them with doubts regarding what they could or should have done differently to safeguard themselves that night."I don't hold any grudges against you, but I believe in accountability," Hall told Van Vleet at the hearing. The officer said he hoped Van Vleet's sentence "shows that we're protected by the same laws we enforce."Van Vleet tearfully apologized to Hall, Robinson and a handful of other San Diego police officers in attendance."I don't want you guys to feel fear for doing what is your chosen calling, to protect the people," he said. "I'm more than willing to be accountable for my actions." 2563

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