Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole - instead of no chance of parole.Įvidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.

Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.

RELATED: Details Emerge In SEAL Case Set For Court Martial Eight had lost friends or shipmates in combat.ĭefense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them. If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.įive said they had personally faced the enemy and five had experience with detainees. They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Įach said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.

Navy seal held for trial of war crimes