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CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.Jeffrey Barton, 62, was convicted in 2017 of five felony counts of forcible oral copulation and one felony count of forcible sodomy for allegedly molesting a cadet at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.A three-justice panel from the Fourth District Court of Appeal agreed with Barton's contentions that the trial judge should not have dismissed one of the jurors during the trial and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."The convictions came in Barton's second trial.In his first trial, almost two years before, a different jury deadlocked on the charges involving the alleged victim.Two other former Army and Navy Academy students testified in the first trial that they were molested by Barton, but the defendant was acquitted on all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one juror not been excused, allegedly for refusing to deliberate with her fellow panelists.The justices wrote in their ruling that the other jurors appeared to disagree with Juror No. 12, but did not provide enough of a showing that she was actively stalling deliberations.The ruling indicates the juror did not appear to find the alleged victim credible."The trial court's error in discharging Juror No. 12 warrants reversal," the panel wrote. "She was the lone holdout juror who consistently held to her belief Barton was not guilty and, had she remained on the jury, it is reasonably probable the case would have ended in a mistrial, a more favorable result for Barton than conviction."The panel wrote that Barton was convicted "within hours" of the juror being discharged. 2921

CAMP PENDLETON, Calif. (KGTV) — One man was killed early Thursday after his vehicle overturned and he was thrown from the vehicle in the North County.The crash occurred just before 5 a.m. on southbound Interstate 5, south of Basilone Rd., according to California Highway Patrol. CHP believes the 40-year-old driver of a Toyota 4-Runner was traveling southbound when for unknown reasons, he left the roadway. The vehicle overturned and the man was thrown from the SUV.CHP, Camp Pendleton Fire Department, and North County Transit District responded to the scene, but the man died at the scene. He was not immediately identified.Investigators said they don't believe alcohol or drugs were a factor in the crash, and are still looking into the crash. 755

CAMP PENDLETON (KGTV) - A training accident on Camp Pendleton that left several Marines with severe burns may have been caused by an exposed gas line, a report from the Washington Post indicated Friday.Camp Pendleton officials said Marines from 1st Marine Division were conducting "scheduled battalion training" on land when a vehicle caught fire September 12.The 15 Marines were taken to various area hospitals.The vehicle involved was identified as an Assault Amphibious Vehicle (AAV) used to transport Marines from sea to land. The AAV performed a maneuver which caused it to run over a gas line, sever it with its tire treads, and ignite the line, the Washington Post reported.The official report on the fire has not yet been released by the Marine Corps. 777

CARLSBAD (KGTV) -- A San Diego couple is missing their cruise over coronavirus concerns after they say the cruise company changed the itinerary without a refund.Lisa and Luis Revilla are cruise ship connoisserus. They've sailed through the Greek Islands and along the Italian coast. Their next trip was supposed to be through the Pacific Islands on the Norwegian Jade. But, due to coronavirus concerns that ship set sail without them. RELATED: Second case of coronavirus confirmed in San Diego County"I don’t need to go and risk my life," said Lisa Revilla. "We were sailing from Singapore and were being dropped off in Hong Kong. Hong Kong in the end closed their port."So, Norwegian changed the itinerary to leave Singapore, spend time at sea and head back to Singapore. It also wouldn't be your typical trip. "They were gonna implement certain temperature gauges, every time we got off and got back on from every port we were traveling to," said Revilla. RELATED: Mislabeled sample led to release of San Diego coronavirus patientBut to get over there they were planning on flying from LAX to Hong Kong, but American Airlines canceled their flights. So, they couldn't have taken the cruise even if they tried. "Basically I'm out almost ,000 from this voyage we were going to take," said Revilla. "What if we’re quarantined and I cant get back to my job I mean who’s going to pay for that?"Norwegain sent us this statement:“We always strive to do right by our guests while maintaining the business policies and practices we have in place to help us manage through situations just like this. It is because of the very nature of unexpected situations that we strongly recommend that guests obtain travel protection insurance. As a convenience to our guests, we offer a few travel protection plans at the time of booking, as well as during several follow-up communications. The plans allow for coverage in many situations. Some plans offer guests the opportunity to cancel for any reason. In addition, as is common in the travel and tourism industry, we have developed cancellation policies.They are communicated to our guests at time of booking and can be found on our website here: https://www.ncl.com/sites/default/files/Guest_Ticket_Contract_04-2017_2.pdfRevilla told 10News they were traveling with another couple who even purchased insurance through Norwegian and were told it wouldn't apply here. "We’ve been saving our money for a whole year and planning this whole trip. And it just didn’t happen," said Revilla. RELATED: Child returns to hospital after showing possible coronavirus symptomsRevilla was able to get the money from her flights refunded as well as a hotel they had booked in Hong Kong. 2716

California is the single worst state for drivers in the United States, according to a new report from Bankrate.com. Long commute times is the top reason listed by the site with the average commute time in the Golden State being nearly 30 minutes. Nearly half of all roads in California are in poor condition doubling that of the national average. RELATED: Here are the new laws going into effect on California roads in 2019The state also has more thefts and higher insurance premiums. But wait, there’s more. The report also factored in repair costs and extremely high gas prices. Check out the list below for the top 5 worst states for drivers: California HawaiiConnecticutNew Jersey Washington 705

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