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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476
SAN DIEGO (AP) — It was a night of memorable debuts for the Arizona Diamondbacks.Merrill Kelly paused for a moment before making his first big league appearance at age 30."I took a minute before I threw the first pitch and took in the stadium, took in the surroundings, just so I can have that memory before I stepped on the rubber," the right-hander said. "Once I got going, once I stepped on the rubber, it was game time."Kelly threw six strong innings for the victory and benefited from an offensive outburst started by Adam Jones' leadoff homer to lead the Arizona Diamondbacks over the San Diego Padres 10-3 Saturday night.RELATED: 'Anchorman'-themed race debuts at San Diego Padres gameA few hours later, the bullpen gate opened and right-hander Jon Duplantier, 24, jogged in to throw his first big league pitches when he took over for Kelly starting the bottom of the seventh."I wasn't nervous jogging in. I was more nervous warming up," Duplantier said. "As soon as I walked through the door, hit the pad and took about three steps before it was like, 'OK, I'm not going to fall, I'm not going to trip,' because I've got big feet and every now and then the turf monster will get me, but he didn't get me today."Took about three steps and I just couldn't stop looking up, just taking it all in like everybody was encouraging me to do. It was just pure joy. I felt like a child, you know, like, 'Hey, go play, run free. Go play. These people are watching you.' I was just so happy," he said.RELATED: After nearly 30 years, Germany's San Diego Padres-themed bar closes"It was a special day for him and Jon, two guys making their major league debut," manager Tory Lovullo said. "You'd never suspect it by their mound presence, their poise and their ability to attack hitters."Padres rookie shortstop Fernando Tatis Jr. hit his first big league homer, a two-run shot in the sixth that landed at the base of the Western Metal Supply Co. building in left field.Kelly (1-0), who grew up in Arizona, joined the Diamondbacks on a two-year contract in December after spending four seasons with the SK Wyverns in Korea. That followed five seasons in the Tampa Bay organization. He became the first player with no big league experience to play in Korea and return directly to the majors.Kelly held San Diego to three runs and five hits while striking out three and walking two.RELATED: Manny Machado assumes the Padres' 'villain' role, but doesn't take it to heartKelly started strong thanks to his defense. Left fielder David Peralta made a diving catch of a liner by leadoff batter Ian Kinsler, and center fielder Ketel Marte made a sliding catch of Eric Hosmer's liner.San Diego didn't get a hit until Franchy Cordero, who entered in a double switch in the third inning, singled to right in the bottom of the inning. Cordero had an infield single in the fifth that hit off Kelly, who stayed in the game.Kelly faltered in his final inning, allowing Hosmer's double and Manny Machado's single before Franmil Reyes hit a sacrifice fly. With two outs, Tatis, the team's prized prospect and the son of the former big leaguer, drove the first pitch he saw for his first homer."I enjoyed it as soon as I hit it and it was a pretty decent walk around the bases," Tatis said. "Took that one out of the way, first one, here we go, a lot more to come."Matt Strahm (0-1) had a rough season debut for the Padres, allowing five runs and eight hits while walking two in just 2 2/3 innings. The left-hander is in the rotation this year after making five starts as an opener last year and 41 appearances overall as he was eased back from surgery on his torn left patellar tendon the previous season while with Kansas City."I was just getting a little too much plate and they were taking advantage of it." Strahm said. "They clearly read the scouting report that I'm aggressive with my fastball and jumped on it early, so I found myself pitching behind there a little bit."Jones, who played at San Diego's Morse High, homered to left on Strahm's third pitch, his third, and David Peralta added an RBI double. Eduardo Escobar hit an RBI single in the second and the Diamondbacks chased Strahm in the third on Nick Ahmed's sac fly and Alex Avila's run-scoring single.The Diamondbacks piled on with four runs in the fifth against Robbie Erlin, who allowed four hits before getting an out.GRAND CANYON BALLERSKelly is the fifth Diamondbacks player to play high school and college ball in Arizona, joining Jake Barrett, Tuffy Gosewisch, Cody Ransom and Ed Vosberg. Kelly grew up in Scottsdale and attended Desert Mountain High, Yavapai College and Arizona State.UP NEXTDiamondbacks: RHP Zack Greinke (0-1, 17.18) is scheduled to start Tuesday night. He's looking to bounce back from opening day, when he allowed seven earned runs in 3 2/3 innings in a 12-5 loss at the Los Angeles Dodgers.Padres: LHP Eric Lauer (1-0, 0.00) threw six shutout innings in an opening day victory against San Francisco. 4981
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
SALT LAKE CITY (AP) — A tech worker was charged Wednesday with murder and kidnapping in the death of a Utah college student whose body was found in a wooded area with her arms bound behind her.Prosecutors said Ayoola A. Ajayi, 31, was the last person Mackenzie Lueck communicated with before she disappeared on June 17.She died of blunt force trauma to the head, and her body was found with her arms bound with zip ties and ropes, District Attorney Sim Gill said while announcing the charges.He declined to discuss a motive or the nature of the connection between Lueck and Ajayi. He also didn't say what kind of weapon was used.Gill became emotional as he described the Lueck family's reaction to the charges. "They asked me to express on their behalf the generosity of so many strangers and friends," he said. "They are genuinely appreciative and moved by the outpouring of love and compassion."Lueck disappeared shortly after she returned from a trip to her California hometown for the funeral of her grandmother and took a Lyft from the airport to a park.She exchanged text messages with Ajayi and met him there, apparently willingly, but her phone was turned off a minute after the last text "and never powered back on," Gill said.Police later found the charred phone in the backyard of Ajayi's home in Salt Lake City, along with a bone, muscle tissue and part of Lueck's scalp, Gill said.A neighbor reported a fire and a "horrible smell" coming from the yard on the day Lueck disappeared, Gill said.Her body was later discovered in a shallow grave in Logan Canyon, 85 miles (138 kilometers) from Salt Lake City. The site is near Utah State University, where Ajayi had attended classes.Gill said phone data puts him at the canyon a week after Lueck disappeared. Police obtained a search warrant for his home the next day.Ajayi was arrested June 28 during the wide-ranging search for the 23-year-old University of Utah student that lasted nearly two weeks. Prosecutors did not strike a deal with Ajayi to find her, Gill said.Ajayi was charged with one count each of aggravated murder, aggravated kidnapping, obstruction of justice and desecration of a human body. A court appearance was set for Monday.Ajayi is represented by the public defender's office, which has refused to comment on the case.The charges make Ajayi eligible for the death penalty, but Gill did not say whether prosecutors would pursue it.Lueck has been remembered as a bubbly, nurturing person. She was a member of a sorority and a part-time senior at the university studying kinesiology and pre-nursing.Ajayi is an information technology worker who had stints with high-profile companies and was briefly in the Army National Guard.He has no formal criminal history but was investigated in a 2014 rape allegation and was arrested in a stolen iPad case at Utah State University in 2012. The arrest and the expiration of his student visa led to him being banned from the campus for about three years.A native of Nigeria, Ajayi holds a green card that allows him to legally work and live in the U.S., Gill said. 3091
SAN DIEGO (AP) -- Manny Machado hit a grand slam with one out in the 10th inning and the San Diego Padres beat the Texas Rangers for the third straight game, 6-3.Machado's 11th career grand slam and sixth walkoff homer came off Rafael Montero, whose only out in the 10th came on pinch-hitter Greg Garcia's sacrifice.Fernando Tatis Jr., who hit his MLB-leading 12th homer earlier, drew a walk off Montero to load the bases ahead of Machado, who hit his sixth homer of the season.The Padres have hit grand slams in three straight games for the first time in club history.The Rangers, down 2-1 entering the ninth inning, sent the game into extras thanks to Joey Gallo's solo home run off reliever Matt Strahm. 714