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SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561
SAN DIEGO (AP) — In Washington, it's all about the wall. At the border, it's only part of the story.Border authorities are struggling with outdated facilities ill-equipped to handle the growing increase in family migrants, resulting in immigrants being released onto the streets every day. The immigration court system is so clogged that some wait years for their cases to be resolved, and lacks funding to pay for basic things like in-person translators. An increase in sick children arriving at the border is putting a strain on medical resources.But the Washington debate has focused almost exclusively on the billion in wall spending that President Donald Trump wants. Other proposals being discussed keep the rest of the Homeland Security department funding at existing levels."The wall is a tool. Unfortunately even if it's implemented across the border it isn't a solution to all the problems," said Victor M. Manjarrez, a former Border Patrol chief with more than 20 years of experience, now a professor at the University of Texas-El Paso.Trump has suggested migrants won't bother to come if he gets his way, making other immigration issues less problematic. Walls and fencing currently blankets about one-third of the border — mostly built under President George W. Bush — and the president wants to extend and fortify them. But contracting, designing and building new wall systems complete with updated technology could take years.Trump met Friday with Congressional leaders who said the president threatened the shutdown could go on for "years." Trump later said he'd considered using executive authority to get a wall built on the border."You can call it a barrier, you can call it whatever you want," Trump said a day earlier, flanked by immigration union heads. "But essentially we need protection in our country. We're going to make it good. The people of our country want it."Meanwhile, the House passed a bill Thursday evening to fund the government without the billion, with new Democratic Speaker Nancy Pelosi calling the wall an "immorality."The debate overlooks major bottlenecks in the immigration system as more families and children traveling alone turn themselves in to authorities to seek asylum, instead of trying to elude capture as almost everyone did just a few years ago. In many cases, the current migrants are climbing existing border fence and seeking out agents to surrender to agents.The backlog in immigration courts has more than doubled to 1.1 million cases since shortly before Trump took office, according to Syracuse University's Transactional Records Access Clearinghouse. Families and children now account for about six of 10 Border Patrol arrests, but there are only about 3,300 family detention beds and the number of unaccompanied children in government care has soared under Trump.Border crossers are stuck in short-term holding cells for days and there has been a spike in sick migrant children, including two who died in custody.In addition, the wall will do little to address the issue of visa overstays — when immigrants come to the country legally and remain here after their papers expire. Authorities say there were nearly 740,000 overstays during a recent 12-month period.And border agents continue to struggle with growing numbers children and families. Officials say they are stopping about 2,000 people a day, more than 60 percent children and families, higher than during many periods under President Barack Obama. They referred 451 cases to a medical provider from Dec. 22 to Dec. 30, more than half children.David Aguilar, the Border Patrol chief from 2004 to 2010 and a former acting Customs and Border Protection commissioner, said agencies that oversee long-term immigration custody need more funding to immediately step in after the Border Patrol makes an arrest. He says the agency is "overwhelmed" in dealing with all the children and families coming across the border now, much different from 1990s and 2000s. And any wall"The demographics and the flows that are crossing the southern border are very different from the demographics and flows when we built the original walls ... back in 2006 and 2008," he said.Customs and Border Protection Commissioner Kevin McAleenan, testifying before the Senate Judiciary Committee last month, said stations were not built to manage the crush of families coming over. The wall was important, he said, but so were these other issues. He said they needed budgeting for medical care and mental health care for children in their facilities.Trump has significantly increased the number of immigration judges but, A. Ashley Tabaddor, president of the National Association of Immigration Judges, said it came without enough support staff. About a week before the shutdown, judges were told the courts ran out of money for many in-person translators and that, as a result, it would have to reach them telephonically. A hearing that might last three minutes would last 20 minutes.The shutdown is already having an impact on the immigration system. Courts were only functioning for those who were detained. Other cases will be reset for a date once funding resumes, according to the website for the courts, which are overseen by the Department of Justice.Immigration lawyers said that will only worsen the already overwhelming backlog. Immigration attorney Jeremy McKinney said he expects cases in Charlotte, North Carolina will be moved to 2020 because this year's docket is already full."The situation is a lose-lose," he said.In contrast, the funding problems have only minimally affected the U.S. government agency tasked with reviewing immigrants' applications for green cards and other benefits. U.S. Citizenship and Immigration Services, which is a fee-based agency, said its offices are open and immigrants should attend appointments as expected.___Long reported from Washington, DC. Associated Press Writer Amy Taxin in Santa Ana, Calif. contributed to this report. 5986

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523
SACRAMENTO, Calif. (KGTV) — California State University's Board of Trustees voted Wednesday to make ethnic studies a graduation requirement.The vote will modify the university's general education requirements to include a course addressing ethnic studies and social justice, according to the college system. The one-course requirement will be implemented in the 2023-24 school year to allow time for faculty to develop plans and coursework."Our goal is for CSU students, from every major and in every workplace, to be leaders in creating a more just and equitable society," said CSU Chancellor Timothy White. "This action, by the CSU and for the CSU, lifts Ethnic Studies to a place of prominence in our curriculum, connects it with the voices and perspectives of other historically oppressed groups, and advances the field by applying the lens of social justice. It will empower our students to meet this moment in our nation’s history, giving them the knowledge, broad perspectives and skills needed to solve society’s most pressing problems. And it will further strengthen the value of a CSU degree."RELATED: Report: Enrollment demand does not warrant Chula Vista CSU campusThe change is the first significant modification to the system's GE requirements in 40 years, amid a nationwide focus at police reform and racial justice.CSU says the requirement can be fulfilled through course offerings that "address historical, current and emerging ethnic studies and social justice issues.""CSU courses on Africana literature, Native Californian perspectives, police reform, disparities in public health and the economics of racism, to name just a few, would meet the new requirement," the university adds, in addition to its traditional ethnic studies curriculum. 1769
SACRAMENTO, Calif. (KGTV) -- California organizations and prominent businesses leaders are rallying support to repeal part of Proposition 13, a landmark vote that limited property taxes statewide.The portion organizations have taken aim at would leave property tax protections in place for homes and residential properties, but would substantially increase taxes on commercial property, creating a so-called “split roll,” according to the Sacramento Bee.A group that supports the initiative to change Prop 13, Schools and Communities First, has gathered 860,000 in an effort to get the measure on the November 2020 ballot.RELATED: San Diego ranked third for hidden costs of owning a homeThe state’s Legislative Analyst, Mac Taylor, concluded that the changes most years would result in an additional revenue of to billion.Proposition 13 was passed by California voters in June of 1978 and limits property tax. Prior to the passage of Prop 13, each local government throughout the state could set its property tax annually.This meant the average rate throughout California was nearly three percent. Under the proposition, a property’s overall tax rate statewide is limited to one percent.RELATED: Gas tax repeal qualifies for November ballotTaxes on property are already one of California’s largest sources of government revenue, raising billion in the 2014 to 2015 budget year, according to the Legislative Analyst’s Office.The chart below paints a picture of what happened to tax revenue following the passage of Prop 13 as well as revenue in recent years. One of the reform’s biggest proponents, The San Francisco Foundation, says the revenue could be used for schools, health clinics, infrastructure and other community services.“This is a watershed moment for California,” said Fred Blackwell, CEO of The San Francisco Foundation. “Closing these tax loopholes will restore over billion every year in desperately needed resources for our schools, clinics, and other critical services. It is an investment in a brighter future—expanding access to opportunity and bringing greater racial and economic inclusion to the Bay Area and across the state.”RELATED: San Diego tax increase proposal moves forwardGroups like the California Chamber of Commerce, however, oppose the plan split roll plan. The chamber says higher commercial taxes would be passed on to consumers. The CalChamber board added that, if changes to Prop 13 pass, they fear local governments would move toward approving commercial retail development instead of badly-needed housing developments. 2624
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