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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

CARLSBAD, Calif. (KGTV) - “Right now, it’s worse than I’ve ever seen it in my life. I see a new face come through here every day,” says Gregory Parada of Carlsbad. He has been homeless for several years.The City of Carlsbad reports there’s a growing number of homeless people in the community. A team of specially-trained police officers have been doing homeless outreach for the last eight months. As of last week, the City Council approved a 5,000 contract with Interfaith Community Services which will provide two full time socials workers to assist with outreach in the field. On Saturday, 10News was granted permission to ride along with law enforcement during “compassion enforcement”, as the city calls it. “That's as simple as connecting them to a family member [or they] might have hygiene needs and we have hygiene kits that we got from a bunch of nonprofits," says Sgt. Bryan Hargett. These officers are working to get the homeless population the items and services they need. The city of San Diego still has a much bigger homeless population than Carlsbad. According to San Diego County’s WeAllCount report, there are 4,912 homeless people in the City of San Diego. There are only 210 homeless people in the City of Carlsbad, but that’s up from 160 homeless people in Carlsbad last year.Davye Sauermilch tells us she’s considering getting help after her interactions with the officers. "My boyfriend's now in rehab because of these guys,” she adds.“I guess they protect me. I feel fine about them,” says Parada. Sgt. Hargett explains, “If they don't trust us, we're not going to be able to work together.” He adds, “One of the things we're learning about being out here is consistency. It could take us 30 contacts [with a person] and on the 31st they're like, ‘Hey, I want help now.’”Outreach coordinators will report back to the City Council on the progress of the initiative later this year. 1927

CAMP PENDLETON, Calif. (KGTV) - A brush fire broke out in a training range on Camp Pendleton Friday, creating a plume of smoke visible above North San Diego County.The fire started at 11 a.m. near the center of the base in the Basilone/San Mateo area, officials said. By 3:30 p.m., 50 acres had burned.Helicopters were deployed to drop water and fire retardant.Ground crews from Camp Pendleton and Orange County Fire also battled flames in 90-degree weather.Officials said there were no structures threatened by the fire. 529

Businesses across the country that are taking part in the “Open to All” campaign are placing stickers on their store fronts to show customers they are inclusive.Voodoo Doughnuts in Colorado was one of the first businesses to take part in the initiative, and now, hundreds of others are signing up.The “Open to All” coalition, which includes over 1,200 businesses, believes no one should have to ever worry about whether they will be denied service.The campaign was sparked by an incident that happened at a Colorado cake shop back in 2012. The shop refused to bake a wedding cake for a same-sex couple because it didn't align with their religious beliefs. The case went all the way to the Supreme Court, where the ruling was in favor of the cake shop.Daniel Ramos with One Colorado, a non-profit organization for the LGBTQ community, says that ruling was a turning point."We know we have so much work to do to make sure people, regardless of their sexual orientation, regardless of their gender identity, have access to businesses that won't deny them, simply because who they are and who they love,” says Ramos.Ramos believes the “Open to All” campaign is good for all businesses. "Over the past number of years, we have seen businesses stand on the side of equality because they know equality means business,” Ramos says. “It’s good for them, for their companies, for their employees to feel safe, supported and welcome."A huge contributor for the movement is Yelp. When you open the app, it will tell you if a business is participating. Also, Lyft is another big company taking part.The coalition, along with One Colorado, believes that taking part in this movement, you are standing up for human rights. "Regardless of who you are or who you love, when you walk into a business, you should be served and that you are treated with dignity and respect," Ramos says. 1890

California Attorney General Xavier Becerra and top education leaders in the state announced Thursday that California was suing the Trump administration in an attempt to stop a directive that would force international students to leave the country should their schools conduct classes exclusively online.Immigrations and Customs Enforcement (ICE) announced on Monday that students on F-1 and M-1 visas would either need to leave the country or transfer to a school where in-person classes were taking place or else face deportation."Shame on the Trump Administration for risking not only the education opportunities for students who earned the chance to go to college, but now their health and well-being as well," Becerra said in a press release. "Today, President Trump appears set to do just that — amidst a global pandemic of historic proportions. Not on our watch."Becerra was joined in the lawsuit by the chancellors of both the state's university and community college systems.California is the first state to file a lawsuit against the directive. Harvard and MIT filed lawsuits against the administration earlier this week.NBC News reports that there were more than 40,000 international undergraduate and graduate students during the 2019 fall semester.According to NAFSA: Association of International Educators, international students contributed billion to the U.S. GDP during the 2018-19 school year. 1422