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CARLSBAD (CNS) -- A state appellate court panel reversed the molestation conviction Friday for a former Carlsbad military boarding school administrator who was tried twice on allegations that he molested a cadet at the Army and Navy Academy.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 beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison for the conviction.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.The panel ruled Friday that Barton's trial may very well have concluded differently had the 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.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 those charges. 1908

Canadian health officials’ approval of the NHL’s return-to-play proposal has led the league to consider designating one or more cities north of the border to serve as hubs for its 24-team playoff format. NHL deputy commissioner Bill Daly wrote in an email to The Associated Press on Friday that the approval followed productive discussions with government health officials. The approval comes as the NHL has entered the advanced stages of selecting its hub cities, which include three located in Canada. The NHL, however, encountered a setback as the Tampa Bay Lightning closed their training facilities after three players and some staff members tested positive for COVID-19.The NHL is currently in Phase 2 of its return-to-play program, which allows for small, voluntary group workouts.Only six players are allowed on the ice at a time, and only non-contact drills are allowed.Players are required to report to training camps on July 10 before the NHL begins its expanded 24-team postseason. 1001

CARLSBAD (KGTV) - Among the businesses saying Trump's trade war is hurting is San Diego born JLab, a booming audio company competing with huge brands.The Silicon Valley-style company in Carlsbad is buzzing as you walk through the large modern rectangular door."This company was four people four years ago, but now we're 40." CEO Win Cramer said they have lived the American Dream, saying they're a scrappy business always fighting to get on top."We worked out of literally, a house, or a rundown office or an apartment building forever," he said. JLab competes against major brands like Bose and Beats.They found a niche and made a name for themselves, "We came out with some fun colorful designs that happened to be on trend."Cramer said innovation is their secret weapon."It gives you the option to really tune out on a plane, you push a button and the engine noise goes away," explaining one of their earbuds.Their newest challenge is Trump's trade war. Billions of dollars in tariffs imposed on China are going into effect, and while all of the design work is done in Carlsbad, 100% of JLab's product is shipped from China.Cramer was sitting on a plane when he saw the alert, "this news pops up on my phone that 0 billion in tariffs announced, I quickly perused the list and saw our tariff code that we import  80% of our products was on the list and I just had this feeling of oh gosh we're going to have to fight this battle that we don't know how to fight."He is bending every ear within reach to spread awareness of how this affects JLab and other American businesses and even went to Washington DC to plead his case.Cramer said no legislators were there, just staffers and no electronic devices were allowed into the room. He said there is a written record of what was said."It was the largest hearing in US history which in it of itself should tell you something and how folks are, at least businesses like us are taking this pretty serious," he said.Production costs could increase by 25% and with the holiday season upon us, he's running out of options, "layoffs or pay cuts being the last option, certainly not something that I want to do or think about or consider, but it's something we're being forced to consider."He hopes change is swift and those in power hear his plea.He said the company will find out in mid-September how big the changes will be, and will see impacts as early as October. Cramer added a lot of the burden will fall on the customer, as they will have to raise the products' price.JLab employs 30 people in San Diego. 2630

CHICAGO (AP) — A Cook County judge has shot down actor Jussie Smollett's attempt to have the criminal charges against him dropped. In a ruling issued Friday, Judge James Linn rejected the argument made by the actor's attorneys that the new charges filed after the original charges were dropped violates Smollett's right against double jeopardy. Linn found that double jeopardy does not apply because Smollett has never been criminally punished.In January 2019, Smollett told Chicago police that he was the victim of an anti-gay and racist attack but he was charged after police concluded that he allegedly staged the attack himself. 640

CANON CITY, Colo. (AP) — A Colorado woman suspected of trying to sell three human fetuses from the 1920s and a fetal skeleton online has been indicted in California on charges of violating a U.S. law prohibiting the transfer of human fetal tissue.Emily Suzanne Cain, 38, pleaded not guilty to charges Tuesday, KUSA-TV reported .The case has been delayed until Nov. 20 in U.S. District Court in San Francisco, according to court records.The fetuses are believed to be from stillborn infants from the 1920s, court records said.Cain attempted in October 2018 to mail a package from Canon City in central Colorado to an address in the United Kingdom, according to a criminal complaint.The package, labeled "school teaching aids and T-shirts," caught the attention of U.S. Postal Service workers who noticed there was no signature on a customs form certifying the package did not contain dangerous contents, authorities said in the complaint.An X-ray of the package revealed a human-like shape, according to U.S. customs agents at the San Francisco International Airport cited in the complaint.Cain posted on Facebook that she acquired the fetuses from a university lab collection and was selling them for ,000, the complaint said.The specimens were traced to Creighton University in Omaha, Nebraska, the complaint said.University policy calls for specimens that are no longer needed to be cremated and not sold, university officials told investigators. The university is cooperating with authorities, a spokesperson said.Cain was first arrested in Fort Collins and released on a ,000 bond with a GPS monitor.A phone number for Cain could not immediately be located. 1674