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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

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 CARLOS, Calif. (KGTV) -- A grandmother and several children were forced to run out of a San Carlos home that burst into flames Saturday night. The fire broke out on Park Ridge Boulevard in San Carlos around 10 p.m. Saturday. Fire crews were able to stop the flames from spreading to a nearby canyon. Neighbors say they heard what sounded like explosions before they ran out and saw the home on fire. A woman was home watching her grandchildren when the house caught fire. All those inside were able to make it out safely. San Diego Fire-Rescue says it was initially challenging to battle the flames because the closest hydrants are located hundreds of feet away. “I went across the street and pounded on the door and the window to make sure that nobody was in there. Don’t think they were. There was just a lot of explosions and tires I guess blowing up. It was just In full flames when it happened,” one neighbor said. At this time, it’s unclear what caused the fire. 981

SAN DIEGO (AP and KGTV) — Marine Corps officials say charges are pending against 12 Camp Pendleton Marines accused of being involved in smuggling, including driving migrants across the US-Mexico border.The Marines, who are part of the 1st Battalion, 5th Marine Regiment, are in confinement, officials said.Those being held include two Marine riflemen who were stopped by U.S. Border Patrol agents on July 3 driving from the border with three Mexicans in the back of a BMW. That led to the additional arrests. The two Marines pleaded not guilty in federal court.The remaining 10 Marines were among those detained July 25 on base, according to Marine Corps officials.RELATED: 16 Camp Pendleton-based Marines arrested following human smuggling investigation"Each case and alleged level of participation varies among the individual Marines and Sailor," military officials said.The Marine Corps said Monday that six other Marines and one sailor detained last month have been released and returned to their command at Camp Pendleton.Officials gave no further details about the others. 1086

SAN DIEGO (AP) -- J.P Crawford homered, doubled and drove in three runs for the Seattle Mariners, who beat San Diego 8-3 to snap the Padres' seven-game winning streak.Austin Nola also homered for the Mariners, who won their fourth straight and for the fifth time in six games. Nola and Evan White had three hits apiece.Marco Gonzales helped deny the Padres what would have been their longest winning streak since 2012.He allowed three runs on nine hits while striking out five and walking none in five innings in his second career start against the Padres.Padres starter Chris Paddack went five innings but gave up six earned runs. His record is now 2-3.Padres third baseman Manny Machado had four hits, including a double and a triple, in the loss.Eric Hosmer drove in two of the Friars’ three runs with his sixth home run of the season. 846