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SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309
SAN DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
San Diegans living in their cars and recreational vehicles rallied Wednesday against a new city law that places steep restrictions on where they can stay.The City Council passed the emergency restriction in May after residents complained about safety concerns with people living in their cars.The law bans people from living in their vehicles near homes or schools, and blocks them from staying almost everywhere in the city between 9 p.m. and 6 a.m."Homeless could by anybody, it doesn't mean we're criminals," said Robert Ewing, who lives in his R.V. "Just because we ain't got no place to stay. Times are hard."The law went into effect in June, about the same time the city opened a new safe parking lot for R.V's next to SDCCU Stadium in Mission Valley. The lot, however, has largely gone unused. People who live in their vehicles describe concerns over gas mileage, location and a rule requiring them to be out by 7 a.m.Meanwhile, Disability Rights California is challenging the ordinance in court. A spokeswoman for the mayor says the city is committed to providing individuals living out of their vehicles a safe place to park at night, while connecting them to supportive services.At the same time, she says the city is committed to keeping its neighborhoods clean and safe. 1291
SAN DIEGO (CNS) - A 47-year-old man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside pleaded not guilty today to attempted murder, kidnapping and other charges.Robert Brians, who is also charged in the 13-count criminal complaint with child abuse, making criminal threats, child abduction and burglary, is being held without bail and is due back in court July 22 for a readiness conference.He allegedly drove into the water on the morning of June 13 with his 2- year-old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.About 4:30 a.m. that day, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via ``numerous calls and texts ... clearly stating she may not see (them) again,'' according to the GoFundMe.com page.He allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1775
SAN DIEGO - A student at West Hills High School in California was arrested on suspicion of making terrorist threats after allegedly posting a threat on social media that included a picture of a Lego rifle. 223