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The Latest: SEAL’s trial delayed; defense wants new judge

May 22, 2019
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FILE - This 2018 file photo provided by Andrea Gallagher shows her husband, Navy SEAL Edward Gallagher, who has been charged with murder in the 2017 death of an Iraqi war prisoner. Lawyers on Gallagher's defense team told The Associated Press that emails they and a reporter received from military prosecutors in the case contained tracking software. (Andrea Gallagher via AP, File)

SAN DIEGO (AP) — The Latest on a court hearing into efforts by military prosecutors to track emails sent to lawyers representing a Navy SEAL accused of murder (all times local):

2:45 p.m.

A judge has delayed the court-martial of a Navy SEAL accused of murder while lawyers resolve questions over whether the government’s monitoring of emails compromised his right to a fair trial.

The judge said Wednesday that the trial of Special Operations Chief Edward Gallagher scheduled for Tuesday will be delayed as defense lawyers seek to have him removed from the case.

Attorney Tim Parlatore says Judge Capt. Aaron Rugh could be a material witness because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks.

Parlatore says the effort was done without a search warrant or proper authorization.

Gallagher has pleaded not guilty to killing a wounded Islamic State prisoner in Iraq in 2017.

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10:06 p.m.

Lawyers for a decorated Navy SEAL accused of murder want a prosecutor and judge removed over allegations of spying on defense emails to find the source of news leaks.

Attorneys for Special Operations Chief Edward Gallagher are due in a San Diego court Wednesday to seek more information about how prosecutors put tracking software in emails sent to the defense and a journalist.

The move has put the prosecution on the defensive as the politically charged case is set to go to trial in a week.

Gallagher has pleaded not guilty to killing a wounded Islamic State prisoner under his care in Iraq in 2017.

Defense lawyer Tim Parlatore says no warrant was issued to snoop on emails and the prosecutor misled the judge for permission to do so.

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