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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) — The Trump administration and the American Civil Liberties Union on Thursday revealed widely divergent plans on how to reunite hundreds of immigrant children with parents who have been deported since the families were separated at the U.S.-Mexico border.President Donald Trump's administration puts the onus on the ACLU, asking that the organization use its "considerable resources" to find parents in their home countries, predominantly Guatemala, El Salvador and Honduras. The U.S. Justice Department said in a court filing that the State Department has begun talks with foreign governments on how the administration may be able to aid the effort.The ACLU, which sued on behalf of separated parents, called for the government to take "significant and prompt steps" to find the parents on its own."Plaintiffs have made clear that they will do whatever they can to help locate the deported parents, but emphasize that the government must bear the ultimate burden of finding the parents," the ACLU said in a filing, pinning blame for "the crisis" on the administration and arguing it has far more resources.A decision on how to bridge the differences falls to U.S. District Judge Dana Sabraw, who has ordered that more than 2,500 children be reunited with their families. He was scheduled to speak with both sides in a conference call Friday.As of Wednesday, 410 children whose parents were outside the country were in the custody of the U.S. Health and Human Services Department.The ACLU said it takes "a degree of detective work" to track down contact information for deported parents, some of whom may be hiding from persecutors.The group said the government provided home-country addresses in U.S. immigration databases with no useful information for about 120 parents. Other addresses had limited use — for example, some had "calle sin nombre" ("street without a name") or six addresses connected to one Honduran child, all in the Mexican city of San Luis Potosi.The proposals from both sides come a week after a court-imposed deadline to reunite more than 2,500 children who were separated from their families at the border.The administration also asks that the ACLU consult each deported parent to determine if they wish to waive their right to be reunified with their child, a scenario that may occur if the parent wants the child to remain in the U.S. The U.S. would work with foreign governments "to determine how best to complete reunifications."The ACLU proposes that parents who want their children sent back home be reunited within a week and that those who want to return to the U.S. to pick up their kids be permitted under humanitarian parole, with round-trip transportation paid for by the government.There are also differences about how to locate parents who were released in the U.S., but they appear less stark. The administration says it will meet with the ACLU to discuss what information it can provide, while the ACLU requests specific details — ranging from last known phone number and copies of birth certificates — as well as volunteers to help find the parents.The government said last week that it had returned all 1,800-plus children to parents and sponsors who were "eligible" for reunification. But it said more than 700 adults were not eligible because they were in their home countries, have been released from immigration custody, had red flags for criminal records or other reasons, chose not to be reunited, or were still being reviewed.On Wednesday, it said the number of reunified children neared 2,000 and nearly 600 remained separated, mostly because their parents.Sabraw ordered the government to submit written updates every Thursday, indicating he plans to keep a close watch on the still-separated families. Each update will be followed by a telephone call the next day with both sides.In late June, Sabraw set deadlines of July 10 to reunify dozens of children under 5 with their families and July 26 to reunify children 5 and older. 4003

SAN DIEGO (AP) — The Navy has denied a request for clemency and upheld a military jury's sentence that will reduce the rank of a decorated Navy SEAL convicted of posing with a dead Islamic State captive in Iraq in 2017.A spokesman for naval operations, Cmdr. Nate Christensen, said Tuesday that Adm. Mike Gilday made the decision after careful review of the trial and the clemency request by lawyers for Edward Gallagher.Gallagher's lawyer, Timothy Parlatore, says they are disappointed and only a presidential tweet could change things. He says Gallagher will now lose up to 0,000 when he retires because of his loss of rank.RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four monthsA military jury acquitted Gallagher this summer of murder in the killing of the wounded captive and other charges. 829

SAN DIEGO (CNS) - A 20-year-old man was arrested today on suspicion of attempted murder following a SWAT standoff after a shooting in the City Heights area that sent two people to the hospital, police said.The shooting occurred in the 1800 block of Rowan Street at 9:30 p.m. Friday, according to Lt. Andra Brown of the San Diego Police Department.When officers arrived on scene, they found a 21-year-old man with an apparent gunshot wound to his head, Brown said. The victim directed officers to his companion, who was seated in a nearby car and also appeared to have been shot.The officers provided aid to the victims, who were later taken to a hospital, Brown said. The man who called for help is expected to survive his injuries, but the other victim was not expected to survive.Homicide detectives were called to the scene to investigate. ``While the investigation has just begun, detectives have learned that the two men arrived in San Diego from Central California to meet with a male at 1700 Rowan Street,'' Brown said. ``It is believed the men were meeting to conduct a marijuana transaction. The suspect shot both victims and fled to a nearby residence.''A SWAT team and emergency negotiators arrived and attempted to talk the suspect into surrendering peacefully, the lieutenant said. After 1:30 a.m. Saturday, the suspect surrendered and was taken into custody. Matatoa Samoata, 20, was booked into San Diego Central Jail on suspicion of two felony counts of attempted murder and one count of grand theft, according to jail records. He is scheduled to be arraigned on Dec. 4.The victims have been identified, but their names were not released, Brown said. Both victims reside in Bakersfield. 1710

SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072