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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) — California health officials have warned that a severe flu season could overwhelm hospitals that also are dealing with COVID-19. California Secretary of Health and Human Services Dr. Mark Ghaly joined the heads of the state's hospital and medical associations to urge people to get flu vaccines now. Ghaly said while the state has seen progress in recent weeks with a drop in coronavirus cases, officials expect an uptick as the economy continues to open. That makes it critical for hospitals to keep bed space available. Officials said currently hospitals are treating 3,500 confirmed and suspected COVID-19 patients. About 30 percent are in intensive care units. 688

SAN DIEGO (CNS) - A drunken driver who crashed into a Lyft vehicle at high speed on state Route 163 in Balboa Park -- killing one passenger and injuring the other two occupants -- pleaded guilty Wednesday to gross vehicular manslaughter while intoxicated and DUI causing injury. Alondra Selena Marquez, 22, of San Diego, faces up to 13 years and four months in prison, with sentencing slated for Sept. 24 at the downtown San Diego courthouse. Prosecutors say Marquez had a .25 percent blood alcohol content -- more than three times the legal limit -- at the time of the March 23 crash that killed San Francisco resident Giao Pham. RELATED: 1 dead, 3 injured in crash along SR-163Pham, 40, was in San Diego to attend a wedding when the vehicle he was riding in was struck from behind by Marquez's car about 2:30 a.m. on SR 163 near Laurel Street. Deputy District Attorney Cally Bright said Marquez was traveling somewhere between 101 and 108 miles per hour at the time. The other passenger -- Pham's friend, Andy Lynn -- was hospitalized with a traumatic brain injury, which still affects him to this day, the prosecutor said. The Lyft driver suffered minor injuries in the crash, but has had to seek counseling due to the emotional after-effects of the crash, according to Bright. 1289

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

SAN DIEGO — When the pandemic hit, hundreds of people living in San Diego's bridge shelters moved into the convention center, where they could spread out. More than six months later, they're still there. And it's the site of a Coronavirus outbreak.This month, 115 people living in the convention center tested positive for the the virus, and have moved to county-supplied hotel rooms for isolation.The remainder of the roughly 800 residents continue to live on site, now a one-stop shop of services including meals, laundry and finding permanent housing.Bob McElroy's Alpha Project is one of the city contractors serving the shelter.“It saved hundreds of people's lives, we couldn't have operated in the close proximity that we were in with the bridge shelters and Golden Hall and other facilities so it saved lives and I can't put a cost on that,” McElroy said.But the cost is now coming under scrutiny.From April through December, the city budgeted million to the convention center shelter, though most of that is via federal and state funds dedicated to COVID or homelessness. The city is now spending .6 million per month to rent the convention center from its own nonprofit.The Union-Tribune reports that in November, the city spent 0 dollars per person per day for about 900 residents, totaling .7 million.Now with the new outbreak, a group is renewing calls to close the center and place the residents in county-secured hotels subsidized with federal money to stop the spread.“We could have kept several hotels open and the staff employed and put the money back into the local community,” said activist Shane Parmely.The county has secured 806 hotel rooms for people to isolate, about a third of which are currently occupied.In a statement, the city said it will continue to work closely with the county to ensure it is providing the best protection and medical care in accordance with public-health guidelines. The statement added comparing hotel rate does not account for the full cost of supportive services it provides at the shelter. 2064