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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 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 (AP) — U.S. Customs and Border Protection on Tuesday began testing the use of body cameras by its employees at nine locations, potentially leading to a broad rollout by the nation's largest law enforcement agency that would make it the first federal agency to use the devices on a large scale.Customs and Border Protection previously concluded in 2015 after a yearlong study that body cameras were not yet suitable for widespread use due to cost, technological challenges and the need for labor union approval. However, it said the cameras had potential in limited circumstances.The agency's review also found that cameras used in field tests did not function well in the rugged, remote conditions in which many Border Patrol agents work."Some fared better than others," said Austin Skero, director of the agency's law enforcement safety and compliance directorate.Customs and Border Protection officials said technology has evolved since the 2015 test, and the cameras used in the current field tests will build on lessons learned in the previous test. The equipment was provided by several manufacturers the agency declined to name.Officials also said the potential benefits of the cameras include providing evidence in criminal cases, improved training and strengthening of job performance and accountability.Employees will be expected to turn the cameras on and off during incidents involving use of force and encounters that "are likely to become hostile, adversarial or confrontational," Skero said.Congress agreed to fund the tests by allocating million in the Obama administration's final year.The tests during under then-President Barack Obama came amid mounting scrutiny of employees using excessive force. Customs and Border Protection employees used firearms 55 times in 2012, a number that dropped to 17 last year.Nearly every large U.S. police department has equipped at least some officers with body cameras, and many publicly release footage following high-profile shootings and other encounters.A 2015 survey of 70 of the largest law enforcement agencies around the country by the Major Cities Chiefs Association and Major County Sheriffs' Association found that 95 percent had either implemented body cameras or had committed to moving forward with body-worn camera programs.Following the shooting of Michael Brown in Ferguson, Missouri, Obama pledged funding to equip 50,000 officers across the country with body cameras in three years. Police departments have varying policies about how long they must retain the video, when cameras have to be turned on or can be turned off, and whether video can be released.Customs and Border Protection said practical policy and privacy questions would need to be addressed, as well as costs, maintenance, storage and training, before widespread deployment of the cameras could occur.The testing will not use facial recognition technology and it will end in October.The locations are Detroit and Eagle Pass, Texas; Atlanta's Hartfield-Jackson International Airport; the Long Beach, California, dock; by an aerial patrol unit in Tucson, Arizona; a maritime patrol unit in West Palm Beach, Florida, a maritime surveillance team; and by Border Patrol agents in Campo, California, Kingsville, Texas, and Las Cruces, New Mexico. 3301

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom Sunday directed certain businesses to close amid the spread of the coronavirus. In a news conference, Newsom said he directed all bars, nightclubs, wineries and brew pubs to close to help stop the spread of the virus. Newsom added that he is prioritizing those who are over 65 and individuals with chronic conditions. RELATED: What's the difference? Cold vs. Flu vs. Coronavirus SymptomsThe governor also said he is prioritizing those who are homeless, announcing that the state would dispatch additional resources to help those individuals. The announcement was made during a White House press briefing in which President Donald Trump announced lower interest rates. RELATED: What's been canceled, postponed in San Diego, nationally due to coronavirusConfirmed cases of coronavirus increased to nearly 3,000 over the weekend in the United States, including 57 deaths. 928

SAN DIEGO (AP) — A pathologist testified Monday at a Navy SEAL's murder trial that a wounded Islamic State militant in Iraq could have died from a stabbing described by other witnesses.Dr. Frank Sheridan said he couldn't determine a cause of death because there was no body and a lack of other evidence.The testimony at the trial of Special Operations Chief Edward Gallagher, though, countered a statement offered last week by another SEAL who stunned the court when he confessed to the killing.Corey Scott testified Thursday that he killed the victim by plugging his breathing tube after Gallagher unexpectedly stabbed the fighter while treating him for injuries suffered in an air strike outside Mosul in 2017.Scott testified that the militant, described as an adolescent boy, would have survived the stabbing.But Scott said he decided to asphyxiate him because he assumed he would later be tortured and killed by Iraqi forces who captured him and brought him to the Navy medics for treatment.Gallagher, 40, is charged with murder in the killing of the boy and attempted murder for allegedly gunning down civilians from his sniper's post.He has pleaded not guilty and his lawyers blame his former troop mates for fabricating the accusations to get Gallagher ousted from the special forces because they didn't like his tough leadership.Scott and another SEAL said Gallagher had initiated medical treatment for the boy and then stabbed him one to three times in the neck for no apparent reason.Gallagher later texted a photo of the corpse to friends with the following message: "Good story behind this, got him with my hunting knife."His lawyers said the message was an attempt at dark humor.Sheridan based his testimony on witness accounts and video of the wounded war prisoner before the alleged knifing.After the boy was wounded in an air strike — more than an hour before he was brought to the U.S. forces for treatment — he was interviewed by an Iraqi TV news crew. He appeared lucid and did not have significant hemorrhaging, Sheridan said."He's clearly responsive," Sheridan said. "There's no sign he's bleeding from any wound."Witnesses at the scene said Gallagher treated the boy for a leg wound and an apparent collapsed lung. The patient was sedated and given a breathing tube for a wound they believe occurred from the air strike blast.He was breathing normally after the procedure when Gallagher suddenly pulled out his personal knife and stabbed him in or near the neck, witnesses said.Depending on the location of the stab wounds, he could have died from profuse internal or external bleeding, Sheridan said. But he couldn't make that determination."I can't give an opinion on the cause of death," Sheridan said. "There just isn't enough evidence."___Melley reported from Los Angeles. 2807

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