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OCEANSIDE, Calif. (KGTV) — Defense attorneys for 15 Marines accused of human smuggling said they hope the judge dismisses the case.The attorneys argued that the Commander illegally used his power to discipline the Marines publicly, and therefore influenced the outcome of the case.It was a very public display of discipline.Fifteen Camp Pendleton Marines were cuffed and taken away by NCIS agents in front of an 800-person battalion formation in July. They were accused of human smuggling and conspiracy.But now, attorneys representing a few of the accused Marines said the public arrests violated their rights. Now, they are filing what's called an "undue command influence" motion against the Battalion Commander who led the formation."Anytime you have a Commander who is in a position of leadership who potentially affects a subordinate's rights to a fair trial, that can be viewed as potential 'undue command influence,'" military attorney Gary Barthel explained. "This motion for 'undue command influence' was made against the Battalion Commander for making comments and parading the 15 individuals out for what was supposed to be a recognition, and they were ultimately arrested." Barthel is a former legal advisor to Camp Pendleton's Commanding General. He said a Commanding Officer's job is to maintain good order and discipline their command. But in military law, they also wear the prosecutor and jury selector hats."Those two hats can clash," Barthel said. "That's why it's important for Commanding Officers to be careful what they say with regard to their views of the military justice system, or their views of a particular individual who has been accused of an offense."The defense team said the Commander used his power to influence the outcome of the case unfairly. But Barthel said in his experience with 'undue command influence' cases, he believes the military has likely already taken the Commander in question off the case."You can take the individual that allegedly made the statements involved out of the process, and that keeps the process fair and impartial," Barthel said. "I'm not sure that this is going to be a successful motion for 'undue command influence.'"The Marine Corps responded to a 10News inquiry regarding a video of the public arrests. They said: 2295

OCEANSIDE, Calif. (KGTV) - A desperate mother is making a plea for tips after a thief snatched her van, a "lifeline" for her special needs daughter.Veronica Lara lives on Harrison Street. Her 7-year-old daughter, Sophie, suffers from Cerebral Palsy, Epilepsy, and a rare chromosomal disorder called Pallister-Killian Mosaic Syndrome. A year ago, her family spent ,000 making her 2015 Toyota Sienna wheelchair accessible."It's my daughter's lifeline. We can't go anywhere without it," said Lara.On Tuesday night, with the family inside the home, someone stole it between 9 p.m. and 9:30 p.m. That van is needed for Sophie's many medical appointments.RELATED: NFL game result may have fueled Fallbrook vandalism, destruction of truck"At this point, I will have to cancel her appointments, because I have no mode of transportation for her," said Lara.The loss is not just about getting places. Sophie loves being in the van and getting out of the house."She laughs a lot. She likes looking around and seeing the lights go by," said Lara.Lara worries those laughs will be less frequent.RELATED: Police investigate multiple carjackings in El Cajon"That saddens me. Anything that makes her happy fills my heart with joy," said Lara.Joy is not the word to describe her family's past month. In early November, her husband Juan was shot in Tijuana while waiting at a taco stand. "Armed carjacking ended where he was. He ran, but many people got shot," said Lara.Juan survived gunshots in his hand and stomach. He is no longer able to work as a tow truck driver, which will squeeze the family's finances."I'm still standing strong. I'm a strong momma, but this special needs family has gone through a lot, and this just added to my grief and anxiety ... You don't know what to say anymore," said Lara.Lara's van is insured, but it's not clear how much, if any, of the wheelchair conversion cost will be covered.Anyone with information is asked to call Oceanside Police at 760-435-4900.A Gofundme campaign has been set up to help family with expenses. 2051

Now that it's clear that sexual violence is a problem, the creator of #MeToo would like the conversation to change.The names of perpetrators don't matter anymore, activist and writer Tarana Burke said. It's time to focus on the systems that allow sexual violence to flourish."There will always be a new person," she said. "I want to keep the conversation going, but it needs to progress." 396

On Friday morning, a truck pulled up outside Heim Elementary School in Williamsville to collect boxes full of shoes for the Nicaragua Mission Project.The project has been collecting supplies for people in Nicaragua for more than a decade. Based in East Amherst, it works with volunteers from local schools and churches to fill boxes with donations and send them from New York to Nicaragua.Heim Elementary School has been working with the project for years, and one fourth grader has been a part of the project for most of his life. Luke Avery started collecting shoes in kindergarten. He even goes to other schools and daycares to pick up donations. Luke has collected more than 3,000 pairs of shoes over the years. He was there again Friday morning to donate more."I feel like other kids can go for school because of kids at my school," Luke said."This is not from me, this is from other children," the project's organizer, Ann Marie Zon said. "And they always feel another kid feeling for them is more special than that shoes. They know somebody cares about them, and I think that's the bigger gift." 1115

Officials are looking for the suspect responsible for a deadly stabbing in Phoenix.Phoenix police responded to an alley near 15th and Missouri avenues at 11:30 a.m. on Thursday for a report of a stabbing. Officers were alerted to the incident after a passerby called 911 about a man stumbling in the roadway. When officers arrived on the scene they found 58-year-old Alfred Brown with multiple stab wounds. He told officers the suspect, a younger Hispanic male, was heavy set and wearing a white shirt. According to police, Brown was transported to the hospital where he died from his injuries.Brown was a known homeless man who stayed in the area. He was last seen in the area earlier in the day with a Hispanic male who matches the suspect description.   789