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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 Fresno man who went missing in San Diego this week has been found, authorities confirmed. The last known whereabouts of Jose Chaparro, 62, were in the 5300 block of Napa Street in the Morena district on Thursday evening, according to police.Police didn't say where Chaparro was located. 315

SAN DIEGO -- Chris Fonseca is beginning the new year with a search for a new place to rent."It's a little scary," he says. Hard to blame him for feeling that way. Fonseca says he lucked out and found a unit in an aging building in Hillcrest for just 0 a month. That building is now up for redevelopment, meaning he and his neighbors have to find a new home, in a county where the average rent is north of ,900 a month. "A couple other friends have been looking for places this year and the prices are much, much higher than anticipated," Fonseca says.Higher rents weren't the only headwinds facing San Diegans in 2018. The record summer heat played a part - leading to some electric bills at 0 or higher. More than 100 thousand San Diego households hit the new state-mandated high usage charge, which San Diego Gas and Electric says added about to the typical bill. Earlier in December, SDG&E formally asked the state Public Utilities Commission to remove that charge. A spokeswoman for the CPUC did not immediately respond to requests for comment. Also in 2018, a city audit found that nearly 3,000 families were incorrectly charged for water, largely due to human error. The department is now undergoing major reforms, which should make billing more accurate - and help residents with questions or disputes get through to customer service faster. In addition to the rising rents, the median price for a home rose 4.6 percent over the year to 5,000, CoreLogic reports. 1497

SAN DIEGO (CNS) - A blaze broke out Tuesday morning at an unoccupied Mira Mesa house being used as a preschool and caused an estimated 0,000 in damage, authorities said.The fire was reported shortly after 2:15 a.m. at a single-story on Gold Coast Drive near Westonhill Drive, according to the San Diego Fire-Rescue Department.Crews responded to the scene and found flames fueled by a gas line on the outside of the home, the agency reported.The flames spread to the garage, attic and portions of the house before firefighters knocked down the flames within 45 minutes, fire officials said. No injuries were reported and the flames did not spread to any nearby homes.Video from the scene showed firefighters cutting their way into a garage to access the house. A sign in front of the house said the daycare was called "Kiddies Korner Preschool."The preschool serves children ages 2 to 5 and has been in business since 1972, according to its website.The blaze caused an estimated 0,000 in damage to the structure and an estimated ,000 in damage to its contents, fire officials said.The cause of the fire was under investigation. 1143

SAN DIEGO — The banner atop North Park’s Rudford’s Restaurant reads, “Stand up small business.”The word defy is written just below.Defy is exactly what father-and-son team Jeff and Nicholas Kacha planned to do over the weekend - until the community got word. They planned to continue serving food indoors even though the county on Saturday moved into the state’s most strict tier of coronavirus restrictions - the purple tier. But they were faced with threats of broken windows, picketing and lost customers.“It's been a nightmare that just keeps getting worse,” Jeff Kacha said.Redfords, which is not serving indoors, laid off 10 staffers at the news. Sales are down 40 percent. And the 60 turkeys they ordered for Thanksgiving may now not sell.Gov. Newsom says he remains concerned over the recent increase in the rate of coronavirus cases. The state on Monday moved 41 of the state's 58 counties into the purple tier.And even restaurants that look full outside say it hurts. At Puesto in La Jolla, the patio was busy all weekend, but co-founder Eric Adler wasn't celebrating“It looked full and it was full but that still translates to reduced revenue of around 30 percent for us,” he said.But other businesses weren't hit as hard.Point Loma Sports Club already had the bulk of its equipment outside under tents from earlier in the outbreak. When the county entered the purple tier, general manager Bryan Welch moved even more out for the members.“We may do this again two more times, four more times,” he said. "We're trying not to be shocked by it, we're just trying to adapt, and if you can adapt, we just feel like we can thrive.”The challenges, however, could grow as the weather cools into the winter months. 1724

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