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SAN DIEGO — John Timothy Earnest didn't hide his smirks as he sat in a San Diego courtroom on Thursday, watching surveillance video of Lori Gilbert-Kaye being shot down inside the lobby of a Poway synagogue.
Earnest also smiled as a synagogue congregant testified about running toward the shooter, screaming "I'm going to kill you!" and seeing the gunman "with a look of astonishment or fear" turn and run.
Earnest, 20, is facing one count of murder and three counts of attempted murder in the shootings at Chabad of Poway on April 27. He also faces an arson charge related to an Escondido mosque fire in March, when several people who were sleeping inside escaped unharmed.
A federal judge has ruled that a men-only draft is unconstitutional, but he stopped short of ordering the Selective Service System to register women for military service.
The Houston judge sided with a San Diego men's advocacy group that challenged the government's practice of having only men sign up for the draft, citing sex discrimination in violation of the Fifth Amendment's equal protection clause.
"This case balances on the tension between the constitutionally enshrined power of Congress to raise armies and the constitutional mandate that no person be denied the equal protection of the law," wrote U.S. District Judge Gray Miller of the Southern District of Texas.
The lawsuit was filed in 2013 against the Selective Service System by Texas resident James Lesmeister, who later added San Diego resident Anthony Davis and the San Diego-based National Coalition for Men as additional plaintiffs.
The two men had standing to sue the government because they were within the age range of 18 to 26 in which men in the United States are required to register with Selective Service.
A Navy commander accused of trying to rape a subordinate officer at her San Diego home last year testified Wednesday that she told him if she said “no” to his advances, she meant “keep going.”