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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 (CNS) - A 30-year-old man was killed when he lost control of his motorcycle and crashed into a fire hydrant in a neighborhood north of Scripps Ranch, police said Thursday.The crash was reported around 4:20 p.m. on Stonebridge Parkway near Stockwood Cove, off Pomerado Road in the Rancho Encantada neighborhood, San Diego police Officer John Buttle said.The victim was riding his 2019 Indian Scout motorcycle between 80-100 mph eastbound on Stonebridge Parkway when he lost control at a curve in the road, jumped the curb and slammed into a fire hydrant, Buttle said.The rider was ejected onto the roadway and pronounced dead at the scene, he said. The man's name was withheld pending family notification. 722

SAN DIEGO (CNS) - A group of senators, including California's Dianne Feinstein and Kamala Harris, introduced a bill Thursday to address health, safety and quality-of-life concerns at private military housing around the county, including Marine Corps Base Camp Pendleton.Feinstein and Harris joined Virginia senators Mark Warner and Tim Kaine to introduce the bill. The senators began drafting the legislation after a November 2018 Reuters report detailing substandard and even dangerous living conditions at Lincoln Military Housing's privately owned complexes, including mold spores, water leaks and infestations of rodents and insects.The report also detailed multiple instances of Lincoln's slow and lack of a response to tenants complaining about living conditions. Lincoln Military Housing runs most of Camp Pendleton's 7,900 housing units.``Service members shouldn't have to worry about the health and safety of their families while protecting our country,'' Feinstein said.``Unfortunately, many living in private military housing are dealing with hazardous conditions with little or no recourse."In addition to Lincoln Military Housing's large presence in the military housing market, military members and their families living on a military base like Camp Pendleton lack the same tenant rights as civilians living on private land. Reuters found that tenant rights are generally set by contracts between the military and private housing companies or landlords.Because of this, military base residents can't press local governments to enforce health codes or withhold rent payments until repairs are made.The senators' bill would enable base commanders to withhold housing payments until officials with a housing company inspect a safety or health hazard. Housing companies would also be required to pay to relocate tenants if a hazard requires them to leave.In addition to consequences for private housing companies, the U.S. Department of Defense would be required to launch an online work order system, allowing tenants the ability to view the progress of their work order requests.``I was extraordinarily troubled by reports last year of inadequate housing conditions at Camp Pendleton and visited with families living there in order to learn more about their housing needs,'' Harris said. ``This legislation is an important step forward ensuring that we're doing everything we can to provide quality housing for our service members and their families across the country.'' 2491

SAN DIEGO — (KGTV) -- The Del Mar Fairgrounds is weighing its legal options after the KAABOO Music announced that it would move to Petco Park in 2020, the venue's CEO told 10News.Fairgrounds chief executive Tim Fennell declined a formal interview, but pointed to language in the Fairgrounds' contract with KAABOO that blocks the festival from holding a similar event within a 75-mile radius the year it cancels the contract. KAABOO announced Sunday it would end its contract with the Fairgrounds for the 2020 concert and move to Petco Park downtown.RELATED: KAABOO under new ownership days after revealing move from Del MarThen this week, KAABOO announced its assets were sold to a new company, an affiliate of Virgin Fest.In a statement, a spokeswoman for KAABOO said the prior contract's terms do not apply."As reported, we acquired only the assets of KAABOO. Accordingly, all liabilities remained with the previous owners, so we are not aware of their obligations," she said. The music festival, rebranded KAABOO San Diego, is scheduled for Sept. 18 to 20, 2020 at Petco Park and surrounding parking lots. 1117

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

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