![]() ![]() 11, 2018, arrest of Gallagher, 40, at Camp Pendleton, where Gallagher was receiving medical care for traumatic brain injury. The fall of the lead prosecutor in the most prominent Navy war crimes case in generations was as swift as it was stunning.Ĭzaplak had shepherded the case since the Sept. Tim Parlatore, Gallagher’s attorney, said he was in the middle of a deposition when Czaplak was told to leave by Rugh as a result of the spying. “Conceding that this area remains both nuanced and unresolved under the ethical rules, still the court concludes that the danger of investigation is sufficiently real that any trial counsel so situated might be motivated by factors unrelated to his position as trial counsel.” “While it is not within the purview of this court to conclude whether actions of trial counsel violated the rules of professional responsibility, the court must determine whether the fear of, or potential danger of, a professional responsibility complaint and follow-up investigation, is sufficient to create such a conflict,” Rugh’s motion read, according to a Navy official not authorized to speak on the record. The judge did not make any decision on the allegations of prosecutorial misconduct. Rugh removed Czaplak because the threat of an investigation into Czaplak could create a conflict of interest. ![]()
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