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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283
SAN DIEGO (CNS) - A firefighter suffered a minor hand injury Thursday morning while working to extinguish a fire that damaged a North Park business, authorities said.The blaze was reported around 5:30 a.m. at a single-story business on El Cajon Boulevard near Illinois Street, just west of Interstate 805, according to the San Diego Fire-Rescue Department.Crews responded to the scene and found smoke and flames coming from the roof of the building, the agency reported. No one was inside the building at the time and firefighters knocked down the flames within about 20 minutes.One firefighter was taken to Sharp Memorial Hospital for treatment of a minor hand injury.The cause of the blaze was under investigation. 724

SAN DIEGO -- A Los Angeles police officer pleaded not guilty Friday to smuggling two Mexican nationals in East San Diego County.Mambasse Koulabalo Patara was arrested at 1:30 a.m. Wednesday at the Campo Border Patrol Checkpoint, about 12 miles north of the U.S.-Mexico border.The court documents claim Patara told Border Patrol agents he was an off-duty officer and showed them his LAPD identification.Patara had two men inside his black Toyota Corolla and appeared to be very nervous, shaking and avoiding eye contact, the Border Patrol said.Agents seized Patara's service pistol from his waistband after he told them he was armed.Patara was taken into custody after authorities say two of the men inside the vehicle admitted they were not U.S. citizens.Fermin Lopez and his nephew, German Ramirez-Gonzalez, admitted to being citizens of Mexico.At his arraignment, Patara pleaded not guilty. He faces up to five years in prison if convicted. 975
SAN DIEGO — A leader has emerged in the battle between two democrats to represent California's 53rd District in Congress, according to a scientific poll released Tuesday. Sara Jacobs is leading Georgette Gomez 38 percent to 24 percent in the race, with 38 percent still undecided, an ABC-10News Union-Tribune says. Jacobs, a nonprofit founder who served in Obama's State Department, is leading Gomez among Democrats, Independents and Republicans who say they have made up their minds. Gomez, currently the San Diego City Council president, is leading Jacobs among the youngest voters, those between the ages of 18 to 34. Thad Kousser, a political scientist at UC San Diego, said the poll still shows the race isn't over, despite Jacobs' big lead. Kousser noted Jacobs still has not secured at least 50 percent of the vote, according to the poll."We're going to see an all-out press and more money spent by each of these candidates because they see that this race is far from over," Kousser said. "Sara Jacobs hasn't closed the deal, Georgette Gomez still sees a light at the end of the electoral tunnel from this poll."The candidates combined spent nearly million campaigning through June 30. Jacobs, granddaughter of Qualcomm founder Irwin Jacobs, reported .5 million in receipts, while Gomez reported .17 million. "It's always nice to have polls reflect what we're feeling on the ground, which is that what voters are looking for in this district is someone who has the kind of experience I have working in the federal government and who will be a new generation of leaders," Jacobs said in an interview. In a statement, a spokesperson for Gomez's campaign expressed confidence. “It’s still early and not a single vote has been cast," the statement said. "Georgette Gómez’s message of leadership in response to the coronavirus crisis and standing up to Trump as President of the San Diego City Council is starting to reach voters. Our campaign is ramping up its efforts to reach voters in every corner of the district."Kousser said Jacobs likely has more name recognition, given her ads and her unsuccessful attempt in 2018 to run for Congress in Coastal North County's 49th District. In the case of Gomez, he said local politics such as City Council does not garner as much attention as it should.The poll, of 534 likely voters, showed 63 percent of the undecided voters are Republicans, in the heavily blue district. Kousser said they simply may decide not to vote in that race.The poll also shows Joe Biden beating President Trump 61 to 30 in the 53rd, which comprises central San Diego and heads south into Chula Vista. The seat came open after Democrat Susan Davis announced she would retire after serving for nearly 20 years. 2751
SAFETY HARBOR, Fla. — One of the hottest new cleaning products in the country comes from the naughty minds of two Howard Stern Show all-stars now living in Safety Harbor, Florida. But sorry, we cannot tell you the product’s name here.No, really. The name is kind of dirty.Let's just say it rhymes with “mittens.” If you really want to know, search for “shmittens” on Amazon. We’ll wait...These glove-shaped moist wipes were created a few years ago by a very funny couple: Richie Wilson and Rachel Fine. At first, the wipes were the perfect, cheeky Christmas stocking stuffer. “The name is what opens the doors,” says Richie, who says you can use his invention for cleaning babies, dogs or even office desks. “But once you see the use behind it, you realize it’s more than a gag gift.”Indeed! The wipes have gone viral recently. They appeared on a National Geographic special as a favorite of the military. After that, UNILAD, Good Housekeeping, Redbook and Yahoo News all chimed in.“We have a lot of people who send them overseas to the military,” says Rachel. “They don’t have access to showers all the time. They’re covered in sand.”With millions of clicks, the whimsical wipes sold out. They are now available again on Amazon, retailing for about a pack.For Richie, who made his name on one of the most popular radio shows in the world, the must-have cleaning product is bringing him a whole new fan base. “When I was on the Stern show, I had a certain type of audience,” Richie says laughing. “Now I’m on mom blogs!” 1562
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