Navy SEAL seeks to toss slaying case over withheld evidence

May 29, 2019 - 1:02 am

SAN DIEGO (AP) — Lawyers for a Navy SEAL accused of killing an Islamic State prisoner in Iraq in 2017 are seeking to have the charges dismissed for alleged prosecutorial misconduct.

Attorneys for Special Operations Chief Edward Gallagher are scheduled to argue in military court Wednesday that the case against him has been tainted by lies, withholding evidence and conducting surveillance on the defense.

Defense lawyer Tim Parlatore says if the case goes forward, the prosecutor should be removed and the judge may have to step aside.

Parlatore says the government's "outrageous and illegal conduct" has made a farce of the justice system.

The Navy has said it did nothing wrong and has no plans to remove the prosecutor. A spokesman wouldn't comment on the court motions.

Gallagher faces trial June 10.

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Melley reported from Los Angeles.

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