Navy SEAL war crimes case on recess until June 10

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SAN DIEGO -- A military judge called for a recess Friday in the upcoming trial of Eddie Gallagher, the Navy SEAL accused of war crimes.

The decision came one day after a military judge released Gallagher from pre-trial confinement, where Gallagher was held at Naval Medical Center San Diego following his release from the brig at Marine Corps Air Station Miramar last month.

The judge called for a recess until June 10, the scheduled start date for Gallagher's trial.

"We're very hopeful that he will dismiss the case -- but we can't sit back and wait. We're going right back upstairs to continue preparing for the trial," said Tim Parlatore, Gallagher's defense attorney.

Earlier this week, Gallagher's defense team filed a motion to have the case dismissed, describing the case as "irreparably corrupted."

"They used intelligence assets to target defense attorneys. No matter what happens in this building, I expect there should be congressional investigations on this. I think there should be indictments. I think certain NCIS agents should be taken out in cuffs," said Parlatore.

Gallagher is charged with war crimes during a deployment to Iraq in 2017. He is accused of stabbing and murdering a teenage ISIS fighter who had been detained, along with shooting at non-combatants.

Gallagher's wife, Andrea, claims the prosecution made sure her husband would not get a fair trial.

"We're laying in the wake of all of this -- because of this complete incompetence and corruption that's taken place. I just hope we can find justice one day," said Andrea Gallagher.

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