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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

SAN DIEGO — A new round of federal stimulus appears to be on the way as San Diego again deals with a coronavirus shutdown order. As it stands, more than 100 thousand San Diegans remain unemployed, as businesses are forced to close or limit their services. The governor's office ordered restaurants to go to takeout only, salons to close and gyms to transition outside. Meanwhile, ICU capacity in Southern California is at 0 percent.The new proposal looks similar to the original, called the CARES Act, which passed in late March. There is, however, a key difference - the direct payments to Americans are cut in half. Unemployed San Diegans will get an additional 0 on their weekly payments starting the week of Dec. 26, lasting through March 14. The prior stimulus bill added 0 per check. Plus, San Diegans who earned up to ,000 in 2019 will get 0 in direct stimulus payments, down from the ,200 in the first bill. "I think it's got to be more," said Alan Gin, economist at the University of San Diego. "This is a really serious situation, businesses are going out of business, and they need a lot more help than what's being provided in this package."But others say they are ready for any help. David Heine, owner of Beumont's and Brockton Villa, recently laid off 42 workers and created a gofundme page to help them. He says the forgivable small business Paycheck Protection Program loans are vital and will seek a second round. "We get SDG&E invoices, we get water invoices, we have to pay our insurance, liability insurance, workers comp, that all continues, so the expenses are extraordinary," he said. Heine said the new loan would give him the confidence to close or transition to takeout only and still have the resources to reopen. 1768

SAN DIEGO — Corinne Lam was in the middle of cutting a client's hair when her phone started blowing up.Governor Newsom had just announced that several businesses - including salons - had to cease indoor operations.“We're going back to square one. Do not pass go. Do not collect 0,” she said.Lam was especially frustrated because her client at the time had COPD, making her high risk for Covid-19. Yet she trusted Lam enough to still come to Rancho Bernardo’s Salotto Salon, which was reserved entirely for her.“And knowing that she feels as safe as she does here, it was otherwise maddening,” Lam said.Newsom announced the new round of shutdowns Monday - forcing gyms, salons, and malls to cease indoor operations in 30 counties - including San Diego.The order came after an increase in covid related hospitalizations, ICU beds, and positivity testing rates. It will last until the state’s Public Health Officer deems it safe to reopen.“It's incumbent upon all of us to recognize soberly that Covid-19 is not going away anytime soon,” Newsom said.The decision leaves Lam and other business owners wondering how they'll survive. Like her, many have already exhausted their Paycheck Protection Program funds that helped get them through the first shutdown.“It's like we're jumping into a pool with no water,” she said. “So who is going to supply the water? I don't know.”Lam may be able to move her haircuts outside, but it's complicated. Plus, the concrete's sweltering, especially with masks and gloves. 1514

SAN DEIGO (KGTV) -- As the migrant caravan makes its way through Mexico, local attorneys and shelters in Tijuana are monitoring their progress, in case the immigrants arrive at the Tijuana and San Diego border.The group Federal Defenders of San Diego worked illegal entry cases during the last caravan in April. Kara Hartzler is one of their attorneys, she says theirs already a daily backlog with immigration cases and this caravan will further overwhelm the system.Hartzler says many immigrants from April's caravan are still in the asylum process.  It's estimated the new caravan is 4,000 to 7,000 immigrants in size, roughly three times bigger than the one in April. In Tijuana, shelters are having meetings to prepare for the possibility of a large arrival. In a series of tweets Monday morning, President Trump called the latest caravan a "national emergency" and threatened to cut off aid to certain Central American countries, adding that he's already alerted Border Patrol and the military.  1038

SAN DIEGO (AP) — As thousands of migrants in a caravan of Central American asylum-seekers converge on the doorstep of the United States, what they won't find are armed American soldiers standing guard.Instead, they will see cranes installing towering panels of metal bars and troops wrapping concertina wire around barriers while military helicopters fly overhead, carrying border patrol agents to and from locations along the U.S.-Mexico border.That's because U.S. military troops are prohibited from carrying out law enforcement duties.RELATED: Migrant caravan groups arrive by hundreds at US borderWhat's more, the bulk of the troops are in Texas — hundreds of miles away from the caravan that started arriving this week in Tijuana on Mexico's border with California after walking and hitching rides for the past month.Still, for many migrants, the barriers and barbed wire were an imposing show of force.Angel Ulloa stood on Tijuana's beach where a wall of metal bars more than 20 feet high cut across the sand and plunged into the Pacific. He watched as crews on the U.S. side placed coils of barbed wire on top.A border patrol agent wearing camouflage and armed with an assault rifle — part of a tactical unit deployed when there is a heightened threat — walked in the sand below where the men worked. A small border patrol boat hovered offshore.RELATED:  CBP commissioner nearly clobbered with rock at while touring Friendship Park border"It's too much security to confront humble people who just want to work," said Ulloa, a 23-year-old electrician from Choloma, Honduras, who joined the caravan to try to make his first trip to the U.S.Now, he and his two friends were rethinking their plans. They tried to apply for a job at a Wal-Mart in Tijuana but were told they need a Mexican work permit. So they were considering seeking asylum in Mexico but were unsure of giving up their dream of earning dollars."We're still checking things out," he said.On Friday, people walking through one of the world's busiest border crossings into Mexico passed by a pair of Marines on a 20-foot lift installing razor wire above a turnstile.RELATED: Photos: Aerials of U.S.-Mexico border fenceNearby Army Sgt. Eric Zeigler stood guard with another soldier. Both were military police officers assigned to protecting the Marines as they work.The 24-year-old soldier from Pittsburgh spent nine months in Afghanistan. "It's very different over there, obviously. It's a lot more dangerous," Zeigler said.He said he was surprised when got his deployment orders sending him to the U.S.-Mexico border."But I'm happy to go where I'm needed" he added as a man walked by carrying shopping bags headed to Tijuana.The U.S. military has deployed 5,800 active-duty troops to the U.S.-Mexico border.RELATED: Video?shows people climbing on top of border fence near Friendship ParkSo far, more are not expected, despite President Donald Trump's initial assessment that 10,000 to 15,000 were needed to secure the border against what he has called an "invasion" of migrants. Most in the caravan of several thousand are families, including hundreds of children.Another 2,100 National Guard troops are have also been deployed since April as part of a separate mission. Like the military troops, they are not allowed to detain illegal crossers. Instead, they have been monitoring cameras and helping to erect barriers.Of the 5,800 soldiers and Marines, more than 2,800 are in Texas, while about 1,500 are in Arizona and another 1,300 are in California. All U.S. military branches, except the Coast Guard, are barred from performing law enforcement duties.That means there will be no visible show of armed troops, said Army Maj. Scott McCullough, adding that the mission is to provide support to Customs and Border Protection."Soldiers putting up wire on the border and barriers at the ports of entry will be the most visible," he said.Marines and soldiers share the same duties in California and Arizona. These include erecting tents, setting up showers and arranging meals for troops working on the border, and assigning military police to protect them.There are no tents or camps being set up to house migrants, McCullough said. Medics are on hand to treat troops and border patrol agents — not migrants — for cuts, bruises and any other problems.Combat engineers — whose duties on the battlefield include setting up tactical obstacles to prevent the enemy from moving freely — are using their expertise to string wire on border walls and erect temporary fencing, McCullough said.Construction engineers have been assigned to weld together barriers and move shipping containers to act as walls.In Laredo, Texas, about 100 soldiers have been installing three layers of razor wire along the Rio Grande, working on the banks during the day and on the bridges at night to minimize the disruption to cross-border traffic.The current mission is scheduled to end Dec. 15 for now. It's unclear how much it will cost and military leaders have refused to provide an estimate.Critics have questioned the wisdom of using the military on the border where there is no discernible security threat. Since the Nov. 6 elections, Trump has said little about the matter and no border threat has materialized.Some border communities fear the barricades will scare off Mexican shoppers. The city council in Nogales, Arizona, slashed a proposed bonus for all employees in half over concerns about how the military's presence would affect its sales tax revenue after the military closed off two lanes at its border crossing.Defense Secretary Jim Mattis defended the deployment during a visit to the Texas border this week, asserting that in some ways it provides good training for war.Suyapa Reyes, 35, said she was puzzled as to why she would be seen as a threat. Reyes, her mother, 12-year-old daughter and 16-year-old son left Honduras with the caravan on Oct. 13, fleeing violence and poverty in her hometown of Olanchito de Oro.She does not want to return after coming such a long way but if she cannot get asylum and the border looks too dangerous to cross, she said she'll have no other choice."I'm not going to risk my life or safety nor that of my children," she said. 6241

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