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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 (CNS) - A federal judge Tuesday ordered correctional officers at the Richard J. Donovan Correctional Facility in Otay Mesa to wear body cameras while interacting with inmates, a first for California.The ruling comes in a civil rights lawsuit over disabled inmates' rights, in which a federal judge found evidence to support allegations of physical abuse of prisoners at the prison, the Los Angeles Times reported.The order applies to interactions with all inmates with disabilities inside the Otay Mesa facility, according to The Times.Attorneys for the inmates with disabilities had asked the judge to issue an order mandating body cameras for correctional officers after documenting widespread physical abuse of the inmates, the Los Angeles Times reported."Body cameras have never been used in California prisons. This is a very important order to help put an end to physical abuse and broken bones of those with physical disabilities at this most dangerous of prisons," attorney Gay Grunfeld told The Times. Her law firm, along with the Prison Law Office, represents the plaintiffs."Body cameras can bring sound and context to situations that involve the use of force which surveillance cameras cannot."U.S. District Judge Claudia Wilken gave the California Department of Corrections and Rehabilitation a timetable that effectively gives it five months to get the body-worn devices into use. She also ordered that records from body cameras be preserved from use-of-force incidents and that policies be created, The Times reported.Dana Simas, the press secretary for the Department of Corrections and Rehabilitation said in a statement to The Times the department takes "the safety and security of the incarcerated population very seriously, and vigorously work to protect those with disabilities. We will be carefully evaluating the order."Wilken also ordered the installation, within four or five months, of widespread surveillance camera systems at critical areas of the prison and the establishment of third-party expert monitor oversight of evidence gathered at the prison, according to The Times.Wilken ordered those actions as part of an injunction she granted as part of a bigger plan to address allegations of repeated physical abuse and retaliation against disabled inmates who complain about the prison facility, The Times reported.Wilken, an Oakland-based judge, is handling a class-action lawsuit that seeks to guarantee the rights of state prisoners under the Americans with Disabilities Act, according to The Times.The ruling Tuesday applies to the single prison, but Wilken is expected to hear another motion next month that examines evidence of abuses across the state prison system and seeks to implement the use of body cameras across 35 prisons, The Times reported.The injunction Tuesday was granted based on 112 sworn declarations from inmates that lawyers said showed staff "routinely use unnecessary and excessive force against people with disabilities, often resulting in broken bones, loss of consciousness, stitches or injuries that require medical attention at outside hospitals," according to The Times. 3151
SACRAMENTO, Calif. (KGTV) — California’s Senate has approved a measure to increase the scrutiny of hunting licenses used in gun sales, prompted by last year’s fatal shooting at a Poway synagogue. Senate Bill 914, introduced by Democratic Sen. Anthony Portantino, would require gun stores and the state Department of Justice to both check the validity of hunting licenses during a waiting period after gun buyers purchase a weapon and before they pick it up. The bill will now head to the state Assembly.SB 914 comes after a 10News investigation uncovered that the 19-year-old shooting suspect bought the gun used in the attack at a shop in San Diego using an invalid hunting license. 10NEWS INVESTIGATIONS ON POWAY SHOOTING:New bill aims to correct error that allowed Poway suspect to buy gunQuestions about how the synagogue shooting suspect got the gunProcess to get a hunting license in CaliforniaThe suspect, 19 at the time of the shooting, used that invalid hunting license to claim an exemption to a state law that raised the minimum purchase age to 21.California's age limit law, a bill Portantino authored in 2018, kept the minimum purchase age at 18 for military, law enforcement, and those with valid state-issued hunting licenses."The system should have been better, and that's what we're coming to grips with," Portantino said in an interview with 10News reporter Jon Horn. "How do we make it better, so these things have protections so that it doesn't happen again?"The Associated Press contributed to this report. 1535
SAN DIEGO (CNS) - A 26-year-old motorcyclist was killed Saturday after losing control of his bike, hitting the center median curb and continuing across the lanes of Scripps Poway Parkway in the Miramar Ranch area, San Diego police said.The crash took place on the Scripps Poway Parkway, near 11800 Spruce Run Dr., at 1 a.m., SDPD Officer J. Buttle said.The motorcyclist riding a 2017 Yamaha was moving at a high rate of speed, and failed to negotiate the rightward bend in the road, Buttle said. The man ended up along the south curb line.He was pronounced dead at the scene, Buttle said. His name was withheld pending notification of next of kin.Anyone who witnessed the crash was asked to call the SDPD at either 619-531-2000 or 858-484-3154. Tipsters can also call Crime Stoppers at 888-580- 8477. 808
SAN DIEGO (AP) — Federal prosecutors and the defense attorneys of the wife of Republican U.S. Rep. Duncan Hunter want her sentencing tied to the misuse of campaign funds moved until after her husband's trial.The request was filed Tuesday in federal court in San Diego.Margaret Hunter pleaded guilty to one count of conspiracy. Prosecutors say she and the California lawmaker misspent 0,000 in campaign funds on everything from family trips to tequila shots.In her plea deal, Margaret Hunter agreed to testify against her husband. The California lawmaker has pleaded not guilty and called it a partisan witch hunt. He is running for re-election.His trial is scheduled for Jan. 22. Margaret Hunter wants her sentencing moved to April.RELATED:Federal judge changes start date for Duncan Hunter trialRepublican Party of San Diego County will not endorse a GOP candidate in 50th District raceHunter faces questions over campaign receiptsProsecutors: How Hunter misused campaign fundsMotion: Hunter spent campaign funds on "desire for intimacy"Judge allowing evidence of Hunter's alleged affairs at trialFormer staffer claims Hunter groped her at DC party in 2014 1168