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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 52-year-old man was struck and gravely injured Sunday in a San Diego trailer park, and the motorist who hit him in a stolen Hummer was arrested.The incident began just after 11:10 a.m. when the San Diego police received a call from Chula Vista police who were involved in the pursuit of the stolen Hummer, SDPD Lt. Andra Brown said.The Hummer was snatched from a RoadOne impound yard in Chula Vista, SDPD Lt. Bryan Brecht told the media.The vehicle initially crashed at a gas station at 1400 Melrose Ave. in Chula Vista, but continued evading police south on Interstate 5, exiting into a trailer park at 1600 Palm Ave., Brown said.Officers tried to stop the driver but he sped away and hit the pedestrian, Brown said. It appeared the collision was intentional, Brown added.The 44-year-old driver was eventually taken into custody with help from a K-9 dog deployed to stop him, Brown said. The driver was taken to a hospital for treatment of minor injuries before being taken into custody. His name was not immediately available.The victim suffered severe trauma and was unresponsive when paramedics transported him to a hospital, Brown said.Because of the severity of the pedestrian's injuries, the case was being investigated by the SDPD's homicide unit, she said.Anyone with information on this crash was asked to call the homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1417

SAN DIEGO (AP) — A San Diego judge has agreed to not sentence the wife of Republican U.S. Rep. Duncan Hunter until after her husband's Jan. 22 corruption trial, where she is expected to testify against him.U.S. District Court Judge Thomas J. Whelan in court documents filed Tuesday moved the date for Margaret E. Hunter's sentencing hearing from December to April 13.Federal prosecutors and the defense attorneys had asked for the change.Margaret Hunter pleaded guilty to one count of conspiracy. Prosecutors say she and the California lawmaker misspent 0,000 in campaign funds on everything from family trips to tequila shots.In her plea deal, Margaret Hunter agreed to testify against her husband. Rep. Hunter has pleaded not guilty and called it a partisan witch hunt. He is running for reelection. 812

SAN DIEGO (AP) — The biggest piece of San Diego’s sports history is slowly being knocked down and ground to bits. They’re tearing down the stadium once affectionately known as “The Murph.” Every day, heavy equipment obliterates more and more of 70,000-seat SDCCU Stadium in Mission Valley, where Hall of Fame careers were born and most of the city’s biggest sports moments occurred. Dan Fouts, Junior Seau, Tony Gwynn and Trevor Hoffman were among the stars who performed there. Even the San Diego Chicken got his start there. The stadium will be replaced by a 35,000-seat stadium for San Diego State. 609

SAN DIEGO (CNS) - A 30-year-old man riding a scooter in the Gaslamp community of San Diego suffered a "brain bleed" when he rode through a red light and broadsided a Toyota Prius that had the green light, entering into the intersection, a police officer said today.The crash occurred a little before 11:10 p.m. Saturday in the 900 block of 4th Avenue, said Officer Robert Heims of the San Diego Police Department. RELATED: Man suffers serious injuries in Pacific Beach scooter crashThe Prius, driven by a 47-year-old woman, was going southbound in the number 3 lane, in the 900 block of 4th Avenue and entering the intersection, when the scooter, going eastbound along the south sidewalk, ran the red light and broadsided the Prius, Heims said.RELATED: CHP catches people riding electric scooters on freewayThe scooter rider, who suffered a serious injury, was transported to an area hospital with a "brain bleed," he said.Alcohol was not a factor, Heims said. 968