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SAN DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

SAN DIEGO (AP) — It was called the "The Sewing Circle," an unlikely name for a secret subsect of Navy SEALs. Its purpose was even more improbable: A chat forum to discuss alleged war crimes they said their chief, a decorated sniper and medic, committed on a recent tour of duty in Iraq.The WhatsApp group would eventually lead to formal allegations that Special Operations Chief Edward Gallagher fatally stabbed a wounded Islamic State captive in his care and shot civilians in Iraq in 2017.Gallagher, 40, has pleaded not guilty to the charges.A jury of mostly combat Marines will ultimately decide the fate of the 19-year-veteran and Bronze Star recipient charged with murder, attempted murder and conduct prejudicial to good order and discipline for posing with the corpse for photographs.No matter the outcome, the court-martial at Naval Base San Diego has provided a rare view into the insular Navy SEAL community and likely will have a long-term impact on one of the military's most secretive and revered forces. It has pitted veterans against each other both inside the courtroom and out in a fierce debate over brotherhood, morality and loyalty."SEALs, it seems to me, have been seeing themselves as God-like on the battlefield, and there is a real danger in taking that view of one's unit or one's self," said Gary Solis, a former military judge and Marine Corps prosecutor who teaches law at Georgetown. "I think this will alert the SEAL community that the rules apply to them."The case has laid bare challenges among U.S. special forces as the United States increasingly relies on such troops, which make up only 2% of the military yet carry out most of its battles around the globe.A number of special forces members are on trial this year. A U.S. Navy SEAL last month pleaded guilty to hazing and assault charges for his role in the 2017 strangulation of a U.S. Army Green Beret in Africa.The scandals have prompted a review by the Navy's top commanders into the behavior of the special warfare teams. During Gallagher's trial, it was revealed that nearly all his platoon members readily posed for photos with the dead militant and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the ceremony and not reporting the alleged stabbing.The trial also has shown the struggles of military courts in prosecuting alleged war crimes. The lead prosecutor was removed after allegedly tracking the defense team's emails to find a news leak, and the lead investigator acknowledged on the stand making mistakes.Closing arguments are expected Monday. A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill, or if the boy died from wounds sustained in an airstrike and Gallagher is being falsely accused by junior SEALs trying to permanently oust a platoon chief they hate.Nearly a dozen SEALs have testified over the past 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 on May 3, 2017, moments after he and the other medics treated the 17-year-old boy.Two SEALs testified they saw Gallagher plunge his knife into his neck, including Special Operator Corey Scott, who stunned the court when he said he was the one who ultimately killed the teen by plugging his breathing tube with his thumb as an act of mercy. The Navy has said it's considering perjury charges against Scott.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.Gallagher also took photos of himself with the corpse. In one picture, he's holding up his knife in one hand and holding the militant by his hair with his other hand. He later boasted in a text, "got him with my hunting knife." Defense lawyers say it was just a warrior's attempt at dark humor."The Sewing Circle," the WhatsApp group chat, formed with a select few members of Alpha platoon after they returned to San Diego from their deployment in 2017.In the thread, Gallagher was referred to as "El Diablo," Spanish for "the devil.""Not sure how to handle him," Scott texted. "But he is ready to fight and kill."Gallagher's lawyers say the group chat was used to orchestrate a smear campaign to bring down their demanding platoon chief. A SEAL troop commander told the court that the allegations, which he took no action on for months, were suspect because they came about as Gallagher was being considered for a Silver Star and a promotion. Platoon members testified that the team was fractured, and the running joke was that if something was missing from a care package, Eddie took it.But his accusers said it went beyond the theft of sunglasses and snacks. "The Sewing Circle" members tried to distinguish themselves as the "True Brotherhood" vs. the "Real Brotherhood," which supporters of Gallagher have coined for themselves."The Real Brotherhood is people who are OK with war crimes," said Dylan Dille, a former SEAL sniper from the platoon who testified that Gallagher took shots at civilians from the sniper tower, hitting an old man and young girl. He did not see him pull the trigger either time.Defense attorney Timothy Parlatore shot back that maybe the Real Brotherhood "are older guys who don't like you and other SEALs who tell lies."Special Operations Chief Craig Miller, who was also part of "The Sewing Circle," testified that he saw Gallagher stab the captive multiple times with a custom-made knife Gallagher would carry in the belt loops of his pants. Miller said he told the platoon's officer in charge about the stabbing during their tour but that nothing happened.SEAL sniper Dalton Tolbert told the court he did not recall who started the chat group but that the intent was to talk with others who were disturbed by what they saw on the deployment and decide what to do."I shot more warning shots to save civilians from Eddie than I ever did at ISIS. I see an issue with that," Tolbert texted others.After plans were discussed about going to the commodore, an investigation was opened and Gallagher was arrested.Weeks before the trial, Tolbert, who was accepted to the famed SEAL Team 6 that killed Osama bin Laden, sent a text urging his teammates to speak up no matter what was at stake.He told the court his dream of doing covert operations with Team 6 is likely over now that he's been publicly identified in the case. 6790
SAN DIEGO (AP) — California health officials have warned that a severe flu season could overwhelm hospitals that also are dealing with COVID-19. California Secretary of Health and Human Services Dr. Mark Ghaly joined the heads of the state's hospital and medical associations to urge people to get flu vaccines now. Ghaly said while the state has seen progress in recent weeks with a drop in coronavirus cases, officials expect an uptick as the economy continues to open. That makes it critical for hospitals to keep bed space available. Officials said currently hospitals are treating 3,500 confirmed and suspected COVID-19 patients. About 30 percent are in intensive care units. 688
SAN BERNARDINO, Calif. (KGTV) -- Prosecutors said Monday that a California man killed his business partner and his family out of greed, according to the Associated Press. Prosecutor Sean Daugherty told jurors that Charles Ray Merritt wrote checks totaling more than ,000 on his partner’s QuickBooks account after the family disappeared. The comments came during opening statements in the trial for the alleged murders of Joseph McStay, Summer McStay and their three and four-year-old sons. Prosecutors also say that, while being questioned about the family’s disappearance just days after they went missing, Merritt kept referring to Joseph in the past tense.Outside the courtroom, defense attorney Rajan Maline said Merritt’s livelihood depended on McStay being alive. The McStays disappeared from their Fallbrook home in early February 2010. Days after they were last seen, the family’s SUV was found abandoned at a strip mall parking lot in San Ysidro.RELATED: Trial set to begin in McStay family murder caseIn 2013, the bodies of the family members were found in the Mojave Desert, near Victorville. Prosecutors said the family died from blunt-force trauma to their heads. Authorities found a sledgehammer, believed to be the murder weapon, in one of the graves.According to court documents, investigators believe Summer McStay may have been raped before she was killed. Merritt was arrested in connection with the killings in November 2014 after sufficient evidence linking him to the case, including DNA, was discovered.Authorities alleged Merritt killed the family members inside their home and then buried them in the desert. Merritt also tried to paint over the crime scene, according to authorities.During Monday’s opening statements, jurors in the San Bernardino County courtroom are expected to hear a tape of Merritt being questioned by investigators.Merritt, 61, has pleaded not guilty to charges of murder and is being held without bail.Prosecutors are seeking the death penalty in the case. 2017
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