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SAN DIEGO (AP) — A Navy SEAL charged with killing a captive teenage militant in his care had told fellow troops that if they encountered a wounded enemy, he wanted medics to know how "to nurse him to death," a former comrade testified Wednesday.When a radio call announced an Islamic State prisoner was wounded on May 3, 2017, Special Operations Chief Edward Gallagher replied: "Don't touch him, he's all mine," Dylan Dille told jurors in a military courtroom.When Iraqi forces delivered the captive to a SEAL compound in Mosul, he was on the hood of a Humvee and fading in an out of consciousness with only a minor leg wound visible.Dille said he was not the grizzled warrior he expected."He looked about 12 years old," Dille said. "He had a wrist watch around his bicep. He was rail thin."Gallagher is charged with murder after prosecutors say he treated the boy's wounds and then stabbed him in the neck.He has pleaded not guilty to murder, attempted murder and other charges that could carry up to life in prison.Watch Gallagher's attorney's news conference:Gallagher's lawyers say he only provided medical care to the prisoner and that disgruntled SEALs made up the allegations because they didn't like his demanding leadership.Dille did not see what happened to the boy, who he acknowledged may have been as old as 15.But after returning to the house where they were staying, Dille said Gallagher confronted him and other senior enlisted men and said he knew they were upset with what happened."This was just an ISIS dirt bag," Dille said Gallagher told the group.Gallagher said the next time he did something similar, it would be out of their sight, Dille said.The testimony came on the second day of Gallagher's court-martial in a case that has drawn the attention of President Donald Trump and revealed a rare break in secrecy from those in the elite special forces.Defense lawyer Tim Parlatore questioned Dille about why he never confronted Gallagher or reported him to superiors until a year after they returned from deployment.Dille said the allegations were serious and he wanted to "be prepared for the angry mob to come knocking," referring to conservative news media and older SEALs who maintain their silence.Parlatore accused Dille of using a group text to coordinate other troops to report Gallagher to superiors. He asked Dille if he was concerned other SEALs would change their stories."My truth is watertight, Mr. Parlatore," Dille said.Dille also said that he believed Gallagher had fired at Iraqi civilians from a sniper's position several times, including an instance on Father's Day 2017 when an old man was shot by the Tigris River.Dille was also a sniper and was near Gallagher during the shootings but didn't see him pull the trigger.After hearing a gunshot coming from Gallagher's position and seeing the old man fall, Dille said he looked through his scope and saw the man bleeding through his white clothing. He said Gallagher then radioed that he thought he had missed the old man.Defense lawyer Marc Mukasey objected to the testimony, saying descriptions of the alleged shootings were "wildly vague."The judge allowed most of the testimony from Dille, who was a first class special warfare operator before he left the Navy last year.Gallagher, who served eight tours of duty and earned two Bronze Stars for valor, was in the courtroom in his dress whites. His wife and parents also attended.His family has lobbied intensely for his freedom, claiming he was being treated unfairly.Congressional Republicans took up his cause and prevailed on Trump to release Gallagher from the brig into better conditions in a military hospital. Trump also is reportedly considering a pardon for Gallagher, along with other service members accused of war crimes.A judge released Gallagher from custody last month after prosecutors violated his constitutional rights by tracking defense attorney emails in an effort to find who leaked court documents to a Navy Times reporter.___Melley reported from Los Angeles. 4036
SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990
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 BERNARDINO (KGTV) -- Park View's Green Monsters sprayed the toasty San Bernardino sky with a barrage of home runs on their way to a convincing victory Sunday night in the first round of the Little League West Regional baseball tournament at Houghton Stadium.The Southern California squad from Chula Vista powered their way to a win with a grand slam and a pair of back-to-back jacks from their two biggest bats in their rout over the Northern California champion Tri-City Little League team out of Rocklin, Calif., 16-8.The opening round match up saw the Green Monsters fall behind early in the bottom of the first on a long ball when Tri-City's Nathan Erickson cracked a low drive off Kainoa Baptista that hooked over the 225 marker just inside the left field foul pole.After hitting Aiden Weissenberg-Frost on a pitch then allowing him to advance to second on a passed ball, Baptista gave up a single to Adam Van Der Kamp that brought in Weissenberg-Frost giving Northern California a 2-0 lead.Weissenberg-Frost, whose recent no-hitter helped put TCLL into the West Region tournament, continued his dominance on the mound Sunday night. The 5-foot-9, 170-pound right-hander relied on his searing 75 mph fastball to record his fourth and fifth strikeouts of the game in the second inning. According to announcers broadcasting the game on ESPN Plus, Weissenberg-Frost's fastball is equivalent to a mid-90s fastball in the Major Leagues.The Green Monsters struggled to locate Weissenberg-Frost's heat, but it was on his 40th pitch of the game in the second inning that saw PVLL get on the scoreboard.PVLL's Atticus Gates lined a 3-1 fastball over second base that got past center fielder Trajan Rogowski allowing Conner Alonzo to score from first base to narrow TCLL's lead, 2-1.Matthew Bjornstad took the mound for Baptista in the bottom of the second inning and turned in a commanding performance striking out all three TCLL batters he faced on 15 pitches.With Weissenberg-Frost still throwing 70 mph darts, Michael Rodriguez, a 5-foot-11, 160-pound right-hander, blasted a 1-2 fastball over left-center into a row of tents several feet behind the wall giving PVLL a 3-2 lead.TCLL's Tanner Dykstra came on to replace Weissenberg-Frost (59 pitches, 6Ks, 3 runs) only to face the Green Monster's cleanup hitter Jose Mendoza.Mendoza, a 6-foot, 193-pound center fielder, crushed Dykstra's first pitch into the souvenir shack beyond the right field wall. Rodriguez and Mendoza's back-to-back big flies put PVLL up 4-2.Weissenberg-Frost's night on the mound may have been finished, but his bat wasn't done. With two outs in the bottom of the third, the pitcher-slash-power hitter stopped Bjornstad's streak of five consecutive outs with a homer of his own. Weissenberg-Frost struck a moon shot over the scoreboard in the left field gallery to cut PVLL's lead, 4-3.PVLL would go on to race around the bases in the top of the fourth led by a second round of back-to-back homers from Rodriguez and Mendoza, giving the SoCal Champs an 8-3 lead.Northern California got help in the bottom of the 4th inning after Rodriguez, who took over pitching duties, walked in a couple of runs to make the score 9-5. But that's as close as TCLL would come to catching the Green Monsters. Rodriguez put the game out of reach with a towering grand slam over center field to put PVLL ahead for good.Park View will advance to play Nevada tomorrow at 4:30 p.m. at Houghton Stadium. The winner of this tournament will represent the West in the Little League World Series in Williamsport, PA. Rodriguez wrapped up his night at the plate with three home runs (grand slam, 2HRs) and eight RBIs. Mendoza finished with two homers and two RBIs. 3852
SAN DIEGO (AP) — A former supervisor in the U.S. Department of Homeland Security has been convicted in connection with a green card fraud scheme that bilked immigrants out of millions of dollars.Johnny Martin was convicted in San Diego federal court Friday of making a false statement to a federal agent. He faces up to five years in prison.The U.S. attorney's office says Martin passed confidential information from law enforcement databases to crooks who posed as Homeland Security agents and conned more than 100 immigrants into paying exorbitant fees for green cards they never received.When the FBI interviewed Martin in 2017, he denied passing on information. However, prosecutors say there's no evidence Martin knew the information was being used for a con.Three men involved in the scam have pleaded guilty. 823