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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 21-year-old woman who allegedly was drunk last weekend when she crashed her Lexus into a Lyft car at high speed on state Route 163 in Balboa Park -- killing a passenger in the Lyft vehicle and injuring the other two occupants -- was charged Friday with gross vehicular manslaughter while intoxicated and DUI causing injury.Alondra Selena Marquez of San Diego was headed south on the freeway about 2:30 a.m. Saturday when she rear-ended the Mazda sedan near Laurel Street, according to the California Highway Patrol.One of two passengers in the Mazda, 40-year-old Giao Pham of San Francisco, died at the scene of the collision.ORIGINAL STORY: 1 dead, 3 injured in crash along SR-163A 33-year-old San Leandro resident remains hospitalized with a traumatic brain injury, while the 27-year-old Lyft driver is hospitalized with injuries of unknown severity, according to Deputy District Attorney Laura Evans.Marquez, who faces 13 years and four months in prison if convicted, had a .19 blood alcohol content at the time of the crash, Evans said.Marquez also sustained injuries in the crash, and was jailed Wednesday upon her release from a hospital. She is being held on million bail and is due in court April 10 for a readiness conference.According to a GoFundMe site created for Pham's family, he was in San Diego on vacation with friends. He is survived by his parents, eight brothers and sisters, eight nieces and nephews, his partner John, and his dog Matty, according to the page, which has exceeded its ,000 goal. 1549

SAN DIEGO — Small business owners across San Diego are bracing for a new round of Coronavirus restrictions. And some say they'll have to fight them in order to survive.The movement into the state's purple tier would block restaurants, nail salons, estheticians and gyms from operating indoors - a change that some say would spell the end of their businesses."If we're forced to close again we may permanently have to close our doors," said Todd Brown, owner of Bub's at the Beach, in Pacific Beach. "It's tough for us, 22 years later I never anticipated that we'd be fighting for our lives, and that's where it's at."Bubs can only fit 9 tables on the street, so Brown is bracing to defy the order. He says otherwise food expires, equipment languishes and bills pile up."I know for a fact if we follow it then I'm done," he said. "We have zero chance of success that way, so which way would you go?"The local economy continues to be hit hard by the pandemic.Joblessness remains at 9.9 percent with more than 154 thousand unemployed San Diegans. But not every restaurant is in such dire straights.At City Tacos, owner Gerry Torres says the fast casual eatery has been able to make the most of the outdoor space in front. He's all right with the new tier."As a community, as San Diegans, we should support it, because that's only going to keep us safer," Torres said. Torres says local governments have really stepped up to help small businesses, a resource he says has proven vital 1487

SAN DIEGO — Two of San Diego's biggest restaurant groups are sounding the alarm over state Coronavirus regulations.Owners of the Brigantine Family of Restuarants and the Cohn Restaurant Group say indoor capacity limits aren't sustainable. Currently, a restaurant can only seat 25 percent of its capacity indoors. “If we stay open and as we enter the fall and winter months, our restaurants cannot survive on 25 percent," said Leslie Cohn, of the Cohn restaurant group.The Cohn Group spent more than 0,000 creating social distancing in 16 of its restaurants - before the 25 percent capacity limit was instituted. Their employment is now down 40 percent to about 1,200 workers.“We should be concentrating on positive test percentages, hospital capacity, ICU and PPE availability and of course mask wearing, social distancing and employee screening,” Cohn said.Her frustrations, echoed by Mike Morton, who heads the Brigantine Family of Restaurants, where employment is off 20 percent to 1,000 workers. Morton said there are now waits every Friday, Saturday and Sunday - due to the capacity restraints.“Guests are going to get tired of that, and what else is that going to do? It allows us to employ less people due to limited capacity,” Morton said.The 25 percent cap will last at least another three weeks. Only then may the county become eligible for the next lower tier, which would increase the cap to 50 percent - still a struggle in an industry famous for thin margins. 1484

SAN DIEGO (CNS) - A 28-year-old motorcyclist who led police on a pursuit through the Pacific Beach area of San Diego was hospitalized this morning with a life-threatening injury after crashing into another vehicle.The motorcyclist failed to yield to officers near the intersection of Garnet Avenue and Jewell Street about 11:10 p.m. Friday, and led officers southbound on Jewell Street, then westbound on Grand Avenue, according to Officer Robert Heims of the San Diego Police Department.At the intersection of Grand Avenue and Fanuel Street, the motorcyclist split lanes between stopped vehicles and entered the intersection on a red light and broadsided a 2019 Toyota Prius going southbound on Fanuel Street, Heims said.The rider sustained a life-threatening brain bleed that required immediate surgery. The 62-year-old driver of the Prius and his passengers were not hurt, Heims said.The name of the suspect was not disclosed. 937