![]() The Gallagher case has drawn national attention to San Diego’s tight-knit Navy SEAL community. The trial phase of Gallagher’s court-martial begins May 28. Gallagher will be in court again Tuesday for a motions hearing. The motion comes after a court-imposed deadline on motions but, Parlatore said in the motion, the defense was not aware of the additional evidence so the court should hear arguments on it. He also asked Rugh to order the prosecution to disclose all other witness statements and handwritten notes from interviews. ![]() Parlatore asked the judge to dismiss the aggravated assault charges against Gallagher pertaining to the shootings. Prosecutors declined to comment on Parlatore’s motion via a spokesman. Chris Czaplak, about the email, the motion says, the prosecutor turned over the email on April 22. Parlatore said in his motion that prosecutors also told defense attorneys they had no more witness statements but changed their story after an attorney for two of those witnesses, Texas-based Brian Ferguson, forwarded Parlatore an email he sent to prosecutors earlier this month about his clients’ statements.Īfter confronting the prosecutor, Cmdr. “If (the NCIS agent) took handwritten accounts and threw out the notes it’s a major violation,” Parlatore said in an interview. Parlatore said those notes left out important details. Parlatore said in his motion that an NCIS agent took hand-written notes during the January interviews but afterward turned in “sanitized reports” that were typewritten to defense attorneys. It is unclear who sent those files.Īmong those documents, the defense motion says, were statements by two SEALs who told prosecutors in January their statements used to charge Gallagher had been misrepresented by an NCIS investigator. ![]() In a story published on Saturday, the publication said that moments after Rugh expanded his protective order over evidence and rulings in the case last week, the Navy Times began receiving “thousands of pages” of court documents and Naval Criminal Investigative Service files via email. Parlatore said in his motion he did not know the January statements existed until he received a phone call from a reporter at the Navy Times. ![]()
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