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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385
SAN DIEGO (CNS) - A community vigil to honor last week's El Paso shooting victims is set for 7 p.m. Sunday in Balboa Park, organizers said Saturday."We wanted to express our grief and be there for the community," Jessica Yanez Perez, a vigil organizer, said. "As a border city with strong Latino heritage, we stand with El Paso and grieve with them."The two-hour event will be held outside the Centro Cultural de la Raza in Balboa Park and will feature community speakers, a prayer vigil and biographies of the 22 victims of Aug. 3's mass shooting, Perez said."This event is an opportunity to bring the community together as we mourn, remember and hopefully, in time, heal," Perez said. "It's our shared responsibility to speak out against white supremacy and intolerance, and to build an America where all of us are safe."A traditional mariachi band will perform at the vigil, she said. Attendees are encouraged to bring candles and posters. 950

SAN DIEGO (CNS) - A group of senators, including California's Dianne Feinstein and Kamala Harris, introduced a bill Thursday to address health, safety and quality-of-life concerns at private military housing around the county, including Marine Corps Base Camp Pendleton.Feinstein and Harris joined Virginia senators Mark Warner and Tim Kaine to introduce the bill. The senators began drafting the legislation after a November 2018 Reuters report detailing substandard and even dangerous living conditions at Lincoln Military Housing's privately owned complexes, including mold spores, water leaks and infestations of rodents and insects.The report also detailed multiple instances of Lincoln's slow and lack of a response to tenants complaining about living conditions. Lincoln Military Housing runs most of Camp Pendleton's 7,900 housing units.``Service members shouldn't have to worry about the health and safety of their families while protecting our country,'' Feinstein said.``Unfortunately, many living in private military housing are dealing with hazardous conditions with little or no recourse."In addition to Lincoln Military Housing's large presence in the military housing market, military members and their families living on a military base like Camp Pendleton lack the same tenant rights as civilians living on private land. Reuters found that tenant rights are generally set by contracts between the military and private housing companies or landlords.Because of this, military base residents can't press local governments to enforce health codes or withhold rent payments until repairs are made.The senators' bill would enable base commanders to withhold housing payments until officials with a housing company inspect a safety or health hazard. Housing companies would also be required to pay to relocate tenants if a hazard requires them to leave.In addition to consequences for private housing companies, the U.S. Department of Defense would be required to launch an online work order system, allowing tenants the ability to view the progress of their work order requests.``I was extraordinarily troubled by reports last year of inadequate housing conditions at Camp Pendleton and visited with families living there in order to learn more about their housing needs,'' Harris said. ``This legislation is an important step forward ensuring that we're doing everything we can to provide quality housing for our service members and their families across the country.'' 2491
SAN DEIGO (KGTV) — At least two sailors who helped fight the fire aboard the USS Bonhomme Richard at Naval Base San Diego have tested positive for COVID-19.The two sailors tested positive after exhibiting symptoms, according to U.S. Navy spokeswoman Lt. Cmdr. Nicole Schwegman. It wasn't immediately clear how the two sailors may have contracted the virus.The exact condition of the two sailors was not provided.Contact tracing identified 27 people regarded as "close contacts" and they are now in quarantine.RELATED: Navy Admiral meets, thanks sailors who put out USS Bonhomme Richard fireThursday, Navy officials said all known fires had been extinguished aboard the vessel. The cause of the fire is still unknown at this time, and likely won't be discovered until the ship can be inspected fully.Hundreds of crew members helped in the firefighting effort for five days. On Friday, Navy Admiral Mike Gilday came to San Diego to see the damage and meet with the sailors and crews who had battled the blaze."The Navy continues to implement COVID-19 mitigations measures to protect the health of our force," Schwegman's statement added.RELATED COVERAGE:Smoke seen coming from USS Bonhomme Richard hours after fires declared outNavy officials say all known fires aboard USS Bonhomme Richard are out 1304
SAN DIEGO (AP) — A decorated Navy SEAL stabbed to death a wounded and captive teenage Islamic State fighter in Iraq and then bragged about it, a military prosecutor told jurors Tuesday during opening statements in a politically charged court-martial.Lt. Brian John projected a photo of the dead prisoner in the military courtroom, along with a text message that Special Operations Chief Edward Gallagher sent to friends."Good story behind this," Gallagher wrote. "Got him with my hunting knife."WATCH NEWS CONFERENCE: 525
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