![]() ![]() He has pleaded not guilty to all charges, including obstructing justice in the case. ![]() This advertisement has not loaded yet, but your article continues below. The judge also granted defence lawyers a potentially valuable edge in jury selection – the right to reject, with no reason given, two more potential jurors than they otherwise could exclude through the use of a “peremptory challenge.” Gallagher, 39, is charged with murdering a wounded, helpless ISIL fighter in his custody by stabbing him in the neck, and with attempted murder in the wounding of two civilians – a school girl and an elderly man – shot from a sniper’s perch. The presiding judge, a Navy captain, ultimately removed the lead prosecutor from the case and freed Gallagher from pre-trial confinement. ![]() Gallagher’s lawyers sought dismissal of the charges after learning that Navy prosecutors had electronically tracked email communications of defense lawyers without a warrant, ostensibly to pinpoint the source of material leaked from sealed case files. The opening of the trial was postponed several times by a lengthy round of proceedings to deal with defence allegations of prosecutorial misconduct. ![]()
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