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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

SALT LAKE CITY (AP) — A tech worker was charged Wednesday with murder and kidnapping in the death of a Utah college student whose body was found in a wooded area with her arms bound behind her.Prosecutors said Ayoola A. Ajayi, 31, was the last person Mackenzie Lueck communicated with before she disappeared on June 17.She died of blunt force trauma to the head, and her body was found with her arms bound with zip ties and ropes, District Attorney Sim Gill said while announcing the charges.He declined to discuss a motive or the nature of the connection between Lueck and Ajayi. He also didn't say what kind of weapon was used.Gill became emotional as he described the Lueck family's reaction to the charges. "They asked me to express on their behalf the generosity of so many strangers and friends," he said. "They are genuinely appreciative and moved by the outpouring of love and compassion."Lueck disappeared shortly after she returned from a trip to her California hometown for the funeral of her grandmother and took a Lyft from the airport to a park.She exchanged text messages with Ajayi and met him there, apparently willingly, but her phone was turned off a minute after the last text "and never powered back on," Gill said.Police later found the charred phone in the backyard of Ajayi's home in Salt Lake City, along with a bone, muscle tissue and part of Lueck's scalp, Gill said.A neighbor reported a fire and a "horrible smell" coming from the yard on the day Lueck disappeared, Gill said.Her body was later discovered in a shallow grave in Logan Canyon, 85 miles (138 kilometers) from Salt Lake City. The site is near Utah State University, where Ajayi had attended classes.Gill said phone data puts him at the canyon a week after Lueck disappeared. Police obtained a search warrant for his home the next day.Ajayi was arrested June 28 during the wide-ranging search for the 23-year-old University of Utah student that lasted nearly two weeks. Prosecutors did not strike a deal with Ajayi to find her, Gill said.Ajayi was charged with one count each of aggravated murder, aggravated kidnapping, obstruction of justice and desecration of a human body. A court appearance was set for Monday.Ajayi is represented by the public defender's office, which has refused to comment on the case.The charges make Ajayi eligible for the death penalty, but Gill did not say whether prosecutors would pursue it.Lueck has been remembered as a bubbly, nurturing person. She was a member of a sorority and a part-time senior at the university studying kinesiology and pre-nursing.Ajayi is an information technology worker who had stints with high-profile companies and was briefly in the Army National Guard.He has no formal criminal history but was investigated in a 2014 rape allegation and was arrested in a stolen iPad case at Utah State University in 2012. The arrest and the expiration of his student visa led to him being banned from the campus for about three years.A native of Nigeria, Ajayi holds a green card that allows him to legally work and live in the U.S., Gill said. 3091

SAN DIEGO (AP) -- Manny Machado hit a grand slam with one out in the 10th inning and the San Diego Padres beat the Texas Rangers for the third straight game, 6-3.Machado's 11th career grand slam and sixth walkoff homer came off Rafael Montero, whose only out in the 10th came on pinch-hitter Greg Garcia's sacrifice.Fernando Tatis Jr., who hit his MLB-leading 12th homer earlier, drew a walk off Montero to load the bases ahead of Machado, who hit his sixth homer of the season.The Padres have hit grand slams in three straight games for the first time in club history.The Rangers, down 2-1 entering the ninth inning, sent the game into extras thanks to Joey Gallo's solo home run off reliever Matt Strahm. 714

SAN DIEGO — Medical workers from all over San Diego made their way into SDCCU Stadium Wednesday to pick up free Personal Protective Equipment for their small and medium sized practices.The workers got free hand sanitizer, N95 masks, surgical masks, gloves and gowns. "It's really hard to find in stores, online, it's all out, everywhere," said Juana Vasquez, medical assistant at La Mesa Family Medical Groups, who was picking up supplies.Volunteers from the San Diego County Medical Society, UCSD Medical School and the Mira Mesa High School football team handed drivers boxes of the gear in the stadium's parking lot. Medical organizations of 50 or fewer are eligible, and more than 500 of them registered for the event. Dr. Holly Yang, a hospice and palliative care specialist at Scripps and president of the San Diego County Medical Society, said larger hospital systems have been able to source the necessary PPE for its staff. For smaller operations, however, it has been a challenge."Everyone wants to take care of patients," Yang said. "We should not in this country have to be afraid for ourselves and our families. We should have the right equipment. It’s completely inexcusable that this far into the pandemic that that is not available and I’m so grateful that we are able to do this for our small practices."The items came available due to Gov. Newsom's billion PPE purchase earlier in the pandemic. The pickups are happening Wednesday and Thursday. Pre-registration is required. Email ppe@cmadocs.org for more information. 1548

SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561

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