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SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SACRAMENTO, Calif. (KGTV) -- California will have the highest gas tax in the nation after an upcoming increase beginning July 1, according to figures by the Tax Foundation. Beginning July 1, California’s gas tax will increase by nearly six cents. Currently, the tax is 55.2 cents per gallon. When the additional tax kicks in, that figure will jump to more than 60 cents in taxes per gallon. Currently, the highest gas tax in the nation is in Pennsylvania at 58.7 cents. RELATED: Newsom proposes plan to withhold gas tax funds from cities that don't meet housing requirementsSB1 was signed into law by then Governor Jerry Brown in 2017 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."The test of American strength is whether we defeat this stupid repeal measure which is nothing more than a Republican stunt to get a few of their losers returned to Congress," Brown said of the repeal effort at a 2018 event.Those who support the taxes say they're estimated to generate billion over a decade. 1160

SAN DIEGO — (KGTV) -- Janessa Goldbeck's medals from her time serving in the Marines stand inside her campaign headquarters, which also doubles as the garage in her Talmadge-area home. "It really shaped how I look at what our government's role is in our society and who's looking out for people who don't have anyone else to look out for them," she said of her military service. Goldbeck, a Democrat, has been a relative unknown in the race to replace retiring Congresswoman Susan Davis in the 53rd Congressional District. In fact, she polled at just 2 percent in the 10News Union-Tribune scientific poll released Feb. 4. The district is heavily Democratic, with Democrats outnumbering Republicans nearly two-to-one in voter registration. That's why most headlines are going to Democrats with more backing and money - Sara Jacobs, who held posts in Obama's state department, and City Council President Georgette Gomez, who has the endorsement of the California Democratic Party. Jacobs lead the pack at 23 percent in the Feb. 4 poll, with Republican Chris Stoddard in second place at 10 percent. Gomez polled at 5 percent. The top two votegetters March 3, regardless of party, move on to the November general election. "We're just going nose to the grindstone, trying to get that message out to voters," Goldbeck said. Goldbeck's message got a big microphone over the weekend, when the Union-Tribune endorsed her over all others. The editorial board acknowledged her service and called her interview one of the most impressive this campaign season. "Goldbeck would be a refreshing, assured, morally corageous voice on Capitol Hill," the editorial said. Goldbeck, a San Diego native, said she screamed when she heard she got the endorsement. After all, the Union-Tribune editorial board said it almost didn't call for an interview, given her well-known opponents. "To be honest, we were stunned," she said of earning the endorsement. While newspaper circulation is down nationwide, the U-T gave Goldbeck an introduction to an audience she may not have been able to reach on her own. Bill Celis, an associate professor of journalism at USC Annenberg, said people still look to newspapers for reasoned guidance on important issues and candidates. "I think an endorsement from a highly read newspaper for a candidate that doesn't have a lot of campaign dollars is enormous," he said. As of Dec. 31, Goldbeck had raised a little more than 0,000. Jacobs had nearly million, while Gomez had more than 0,000. 2518

SAN DIEGO — It’s almost time for kids to head back to school, and for parents, that means safety is top-of-mind.Luckily, there are a ton of apps to help your child stay safe.Whether you need to monitor their online activity or give them peace of mind by being able to report suspicious activity at school, there is something for every need. Here's a list of safety apps below: 389

SAN DIEGO — A new political ad is pushing a proposition it says will eliminate a "tax penalty" on homeowners whose homes burn down in wildfires.That measure, Proposition 19, would allow homeowners who lose their homes in a wildfire or natural disaster to transfer their property tax base to a replacement home anywhere in the state. That's important because in California, homeowners pay their property tax based on the value of a home when they buy it, under 1978's Prop 13. It only increases incrementally after. Therefore, buying a new home could cause a family's property tax bill to skyrocket. A new ad released by the Yes on 19 campaign, funded largely by the California Association of Realtors and California Firefighters Association, emphasizes that point. "It limits property taxes on wildfire victims, so families can move to a replacement home without a tax penalty," the ad says. Truth be Told, the benefit currently exists in California, but only in the county where a governor-declared disaster happened, or counties that accept transfers, which San Diego County only began doing two years ago. Prop 19 opens it to the whole state. Anurag Mehrotra, a professor of finance in San Diego State University's School of Business, said being unable to transfer the property tax basis does equate to a tax penalty."The person did not light his own house on fire, he was continuing to live there. I lost my house, now I have to buy a more expensive house," he said. "And when I get reassessed I'm basically going to be charged a higher amount." Proposition 19 does more than just allow the transfer for wildfire victims. It also allows up to three property tax base transfers for homeowners 55 and older, and those who are severely disabled. They can use it for any property, anywhere in the state. Another change, however, is that inherited properties are reassessed unless the recipient uses it as his or her primary home. Currently, heirs benefit because the property tax base transfers with the property, making for a big tax break. Under the proposition, there would be an adjustment upward, no matter the situation, if a market value of a home is above million. 2184