A decorated navy seal accused of murdering an injured Islamic State prisoner has been freed from custody over prosecution “interference”.
The move drew gasps in a San Diego courtroom after lawyers for Special Operations Chief Edward Gallagher presented evidence to get the case dismissed over prosecutorial misconduct.
The judge, Captain Aaron Rugh, was today expected to decide whether to abandon a forthcoming trial or remove prosecutors who tried to track emails sent to defence lawyers and a journalist to find the source of news leaks in the politically charged case.
Gallagher, pictured inset, is accused of stabbing to death a wounded prisoner of war in Iraq in 2007.
Defence attorney Tim Parlatore had accused prosecutors of a “rogue, relentless, and unlawful cyber campaign” that may have violated attorney-client privilege and hurt his client’s ability to get a fair trial.
Gallagher’s wife Andrea, pictured with him outside court, has led a campaign to free him. She burst into tears after his release.
“I feel like it’s a small victory on the way to the larger victory,” she said.
President Donald Trump is considering pardoning several service members accused of war crimes, including Gallagher, who faces trial on June 10.
