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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 (CNS) - A 16-year-old boy was hospitalized with non-life-threatening injuries he sustained in a stabbing attack in the Egger Highlands area.The victim and a friend were in the 1500 block of Thermal Avenue at 10:30 p.m. Friday when a dark-colored vehicle pulled up next to them and two suspects got out of the back and began fighting with the victim, according to Officer Robert Heims of the San Diego Police Department.The suspects threw a bottle at the victim and stabbed him in the hip, then jumped back in the vehicle, which was last seen southbound on Thermal Avenue, Heims said.The boy was taken to a hospital with non-life-threatening injuries, Heims said.A detailed description of the suspects was not available. 737

SAN DIEGO (AP) — A U.S. sailor has pleaded guilty to two counts of espionage and was sentenced to three years after admitting he took classified information about the Navy's nuclear-powered warships and planned to give it to a journalist and then defect to Russia, officials said Friday.U.S. Navy Petty Officer 2nd Class Stephen Kellogg III wished to publish an expose on waste within the military and admitted he wanted to share the information with Russians, said Jeff Houston of the Naval Criminal Investigative Service in an email to The Associated Press.According to Navy court documents, Kellogg, 26, was in contact with Sevmash, Russia's largest shipbuilding enterprise and only nuclear submarine producer. He admitted he knew releasing the information could degrade the ability of nuclear-powered warships, and therefore cause injury to the United States.Neither Kellogg nor his lawyers could be immediately reached for comment.Authorities learned of his plans after arresting Kellogg, on Aug. 27 for drunken disorderly conduct at the San Diego airport where he was stopped by a Delta Air Lines employee from boarding a flight to New York City because he was being belligerent, according to court documents.He had bought a one-way ticket and planned to meet a friend from high school who is a journalist who lives in New York City and told the person he had a big story, according to investigators and court documents.Kellogg knew if the information became public, potential adversaries would likely know the capabilities and limitations of the United States' nuclear-powered warships, according to his pre-trial agreement.Kellogg, who joined the Navy in 2014, was a nuclear electrician's mate with access to classified information relating to the capabilities, operations and maintenance of the Navy's nuclear propulsion systems. He served aboard the USS Carl Vinson from 2016 to 2018 and said he could draw and explain the majority of the ship's critical nuclear propulsion plant systems from memory, according to court documents."This sailor's attempts to disclose classified Navy nuclear propulsion information posed a significant threat to national security and endangered the lives of American service members," FBI Special Agent in Charge Garrett Waugh said in a statement.Kellogg admitted to telling his roommate that he planned to defect to Russia and had searched the Internet for information relating to flights to Moscow, contact information for the Russian Consulate in San Diego, and wrote to an email address associated with Sevmash and called the company six times. It is unclear if the shipbuilder wrote back.Around the same time, he told a childhood friend that he wanted to get out of the Navy and that I "might go Ed Snowden," referring to the former National Security Agency contractor who exposed U.S. government surveillance programs by disclosing classified material.Though Kellogg pleaded guilty to two counts of violating the Espionage Act, his military defense attorneys told the judge at Naval Base San Diego before his sentencing that he was not a spy but rather had a drinking problem and may have been suffering from depression.People who know Kellogg, they said, described him as harmless and someone just trying to get attention. The defense also pointed out that Kellogg had left his passport at his San Diego apartment, undermining claims he was headed to Russia.Authorities said Kellogg also admitted to photographing areas containing sensitive information about the Navy's nuclear propulsion program on the ship, and then sending the photos to his father and ex-girlfriend.He told authorities he stored classified information in his berth, violating protocol, according to the FBI.He will receive a dishonorable discharge and a reduction in rank."This type of behavior has no place in our military," said Cmdr. Nate Christensen, deputy spokesman of the U.S. Pacific Fleet. 3925

SAN DIEGO (CNS) - A 43-year-old man was hospitalized Wednesday morning with serious injuries after the car he was riding in crashed into four parked cars on a Mountain View street, police said.It happened shortly before 10:30 p.m. Tuesday on South 40th Street just south of Imperial Avenue, San Diego Police Officer Robert Heims said.A 38-year-old man was driving a 2005 Honda Civic southbound on South 40th Street when the car drifted to the right for unknown reasons and struck four parked cars, Heims said.The 43-year-old man, who was sitting in the front passenger seat of the Honda, was taken to a hospital for treatment of a fractured neck, which was not believed to be life-threatening, the officer said.The Honda driver was uninjured and 31-year-old man in the back seat of the sedan had a complaint of pain to his leg, Heims said. 847

Safety-wise, there’s a lot riding on your tires. But many car owners don’t routinely inspect the rubber they are riding on or know what to look for.“Tires are what connects us to the road, and if they are worn, that will reduce your car’s stability and traction,” says David Bennett, AAA’s manager of repair systems.Here are five situations where experts say changes in your driving conditions, tire wear or damage are common — and easy ways to make your tires last as long as possible.1. You moved to a new place with a different climateIf you’ve recently moved from, for example, Southern California to Colorado, your driving conditions are now vastly different. And switching to winter tiresmight be in your future.But don’t wait for the first storm. If your car starts to swap ends, or spin, that’s “not a fun way to discover that you need different tires,” says Matt Edmonds, executive vice president of online retailer Tire Rack.Ask your new neighbors, or an expert at a tire store, what the locals use to stay safe on the roads. Or you can use an online tire guide and user reviews to choose new tires.2. You hit a pothole, nail or curbWhile you’re checking your tires’ pressure — which you should do at least once each month — run your hand over the tread surface to see if there are any nails stuck in the tire or cuts in the tread or sidewall, Bennett says.If you find a nail, don’t pull it out or you might wind up with a flat tire. Instead, drive to a tire repair shop and get them to pull out the nail and, if necessary, patch it.Often, tires are damaged by running over a pothole or rubbing against a curb while parking, Edmonds says. Look for bubbles or bulges that could indicate a developing problem and result in a high-speed blowout. Damage on the inside of the tire is harder to spot and might require a trip to a tire store for an expert’s inspection.3. Your tires are losing tractionTires that have lost all or most of their tread can feel fine while driving in dry conditions. But once rain or snow hits, they lose traction and braking distances increase, Bennett says.To measure tread depth, insert a quarter into the tread in the center of the tire with George Washington’s head pointing toward the tire. If the tread obscures the top of his head, your tires are in good shape.If the top of Washington’s head is even with the tread, the tires are still safe to drive on, but it’s time to start shopping for new ones, Bennett says.4. You hear tire noise, feel vibration or ‘pulling’These are all indicators that something is wrong either with your tires or, in some cases, with the alignment of your front wheels. As the tread wears, tires can become noisy, according to Edmonds.Tires that wear unevenly can cause a vibration through the car, which is commonly felt through the steering wheel. The car is pulling when it doesn’t track straight, slowly wandering either left or right. This is often caused by misaligned front wheels.5. You bought your tires more than six years agoRubber dries out over time, and even if there’s still plenty of tread, the sidewalls can crack.The date the tires were manufactured is printed on the sidewall and is usually preceded by DOT for the Department of Transportation. The first two numbers stand for the week in the year it was made, and the other two are for the year. For example, if your tire has “1109” printed on it, then it was manufactured in the 11th week of 2009.Edmonds says that tires should not be in continual service for more than six years or, if a car was garaged for extended periods, 10 years from the manufacturer date.Tire care basicsTires are expensive, but if you maintain them correctly, most tires provide reliable service for up to 60,000 miles. Here’s how to keep your tires in good condition so you can drive safely:Buy a tire gauge and pump. Tire gauges typically cost less than . And instead of inflating at crowded gas stations, buy a battery-operated inflation pump for less than and do it at home.Locate your tire pressure level. The correct tire pressure level is usually listed on the yellow sticker often found in the driver’s side door jam.Check your tire pressure at least once a month. To get an accurate reading, check your tires in the morning before you drive anywhere. Tires heat up when you drive on them, and this throws off the inflation amount.Don’t forget your spare tire. Inflate your spare tire if you have one. Many cars now are sold without a spare but have an inflation pump and a can of tire sealant that will, in an emergency, both inflate and seal the leak in your tire.Check your temperature. For every 10 degrees the outside temperature drops, a tire’s pressure will decrease by one pound per square inch. So, if you haven’t adjusted your tire pressure since the summer, you could be riding on underinflated tires that won’t handle as well, will wear more quickly and reduce your fuel economy.Rotate your tires regularly. Doing this will make sure your tires wear evenly and last longer. Your car’s service manual recommends the number of miles you can drive between tire rotations.More From NerdWalletHow to Make Your Car Last 200,000 MilesWhen and How Often to Replace Your TiresAuto Loan Refinance Calculator: How Much Can You Save?Philip Reed writes for NerdWallet. Email: articles@nerdwallet.com. Twitter: @AutoReed. 5357

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