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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

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom is proposing withholding gas tax funding for cities that don’t build enough housing. The proposal, released Monday, sets higher short-term housing goals that cities and counties would be required to meet. If housing goals aren’t met, “Local Streets and Roads funds may be withheld from any jurisdiction that does not have a compliant housing element and has not zoned and entitled for its updated annual housing goals.”RELATED: California lawmakers want 0 billion toward clean energy, would pay with gas tax fundsIf passed, the plan would withhold gas tax funding for road repairs beginning on July 1, 2023. “Our state’s affordability crisis is undermining the California Dream and the foundations of our economic well-being,” said Governor Newsom. “Families should be able to live near where they work. They shouldn’t live in constant fear of eviction or spend their whole paycheck to keep a roof overhead. That’s increasingly the case throughout California.”According to a news release, the proposal would provide 0 million in support and incentives to help plan and zone for increased housing goals. SB1 was signed into law by Governor Jerry Brown and increased the gas tax by 12 cents per gallon and registration fees by as much as 5. In November of 2018, an effort to repeal the gas tax increase, Proposition 6, failed to pass in a statewide vote. 1421

SAN DIEGO (AP) — The San Diego Zoo has two new arrivals: a pair of endangered African penguin chicks.The zoo announced Wednesday that the fluffy chicks, named Doug and Barbara, hatched two months ago.The eggs came from two breeding couples. The zoo says it's the first time eggs laid by its adult penguins have hatched there.Staff has been working with the chicks to get them used to humans before they are introduced into the penguin colony in the next few weeks.African penguins are an endangered species. Their numbers have dropped by more than 60% in the past three decades and only 23,000 breeding pairs are known to exist.The decline is blamed on several factors, including disease, habitat destruction and lack of food from overfishing, climate change and pollution. 781

SAN DIEGO (CNS) - A 22-year-old man was stabbed early today and he walked into a Kerny Mesa hotel for help.The stabbing was reported at 2:05 a.m. in the 5400 block of Kearny Mesa Road, according to San Diego police Officer Robert Heims.The wounded man walked into the lobby of the Marriott hotel to get help, Heims said.The victim was taken to a hospital for a stab wound in his body that is not believed life-threatening, he said.He described his assailant as a bald male, about 6 feet tall, with tattoos. Police asked anyone with information to call Crime Stoppers at 888-580-8477. 591

SAN DIEGO — Small business owners across San Diego are bracing for a new round of Coronavirus restrictions. And some say they'll have to fight them in order to survive.The movement into the state's purple tier would block restaurants, nail salons, estheticians and gyms from operating indoors - a change that some say would spell the end of their businesses."If we're forced to close again we may permanently have to close our doors," said Todd Brown, owner of Bub's at the Beach, in Pacific Beach. "It's tough for us, 22 years later I never anticipated that we'd be fighting for our lives, and that's where it's at."Bubs can only fit 9 tables on the street, so Brown is bracing to defy the order. He says otherwise food expires, equipment languishes and bills pile up."I know for a fact if we follow it then I'm done," he said. "We have zero chance of success that way, so which way would you go?"The local economy continues to be hit hard by the pandemic.Joblessness remains at 9.9 percent with more than 154 thousand unemployed San Diegans. But not every restaurant is in such dire straights.At City Tacos, owner Gerry Torres says the fast casual eatery has been able to make the most of the outdoor space in front. He's all right with the new tier."As a community, as San Diegans, we should support it, because that's only going to keep us safer," Torres said. Torres says local governments have really stepped up to help small businesses, a resource he says has proven vital 1487