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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

CARLSBAD, Calif. (KGTV) -- If you haven’t yet seen the spectacularly colorful Carlsbad Flower Fields in person, this weekend is your last chance for the season. The Flower Fields at Carlsbad Ranch are set to close for the season on May 13. The nearly 50 acres of Tecolote Ranunculus flowers have been in bloom since March.According to the ranch’s website, the best time to behold the beauty is from mid-March through mid-April.The fields are a result of more than 85 years of cultivation that began when an early settler, Luther Gage, settled in the area in the 1920s.Adult tickets are and tickets for children three through 10 cost . Click here for more information. 686

CHICAGO, Ill. – According to the Mueller report, during the last election, Russian hackers breached the computer network of the Illinois State Board of Elections, gaining access to information on millions of registered voters. It was just one example of the vulnerabilities in the U.S. election system.Intelligence officials and security experts agree that cyber-attacks like the one’s perpetrated during the 2016 presidential election are not a thing of the past.“There's no reason to believe that attacks like that would not happen in this election,” said Jake Braun, executive director at the Cyber Policy Initiative at the University of Chicago. He’s also the author of “Democracy in Danger: How Hackers and Activists Exposed Fatal Flaws in the Election System.”Braun says the two most serious vulnerabilities lie in voter registration databases and election night returns data. He says the hacking of either could cause chaos at the polls or spawn conspiracy theories about the election’s outcome.“We're already seeing ransomware attacks on databases and we're already seeing things like fake websites to mimic election websites being put up,” said Braun.Mary Hanley, Associate Director of the Cyber Policy Initiative, says they are trying to help protect against those kinds of attacks. For the first time through their cyber surge program, they’re connecting a network of 250 volunteer cybersecurity technologists with U.S. state and local election officials ahead of the 2020 election.“We can help answer basic questions about general cyber hygiene, but we can also help election administrators understand how to remediate vulnerabilities that they've already identified,” she said.Volunteer cyber technologists like New Mexico-based Chris Perkins say election officials need to be able to see where potential assaults can present themselves.“Once you have that visibility on your attack surfaces, then you can start to detect those anomalies and things that start to look like suspicious activity,” said Perkins.In a highly polarized atmosphere, cyber experts say it’s even more important to ensure that security breaches are quickly identified and contained. 2176

CDC Director Robert Redfield suggested that the coronavirus pandemic could become even more dire in the fall, as the weather gets cold and people head indoors.As part of an interview with WebMD on Wednesday, Redfield said it is imperative to do four things to slow the spread of the coronavirus: Hand washing, social distancing, wearing a mask and avoiding large gatherings.“I’m not asking some of America to do it -- we all have to do it,” Redfield said.And if Americans do not follow these suggestions?"This could be the worst fall, from a public health perspective, we've ever had,” Redfield told WebMD.Redfield’s dire outlook comes as the US continues to top 1,000 coronavirus-related deaths reported on average each day, according to Johns Hopkins University. While as of late Thursday, there have been over 167,000 coronavirus-related deaths in the US, a New York Times analysis of death records throughout the US during the pandemic suggests that the true number of coronavirus-related deaths could be higher.While the seasonal flu is far less deadly than the coronavirus, Redfield hopes the pandemic will inspire more Americans to obtain a flu shot. Getting more Americans vaccinated could reduce the burden facing the health care system this fall.“Please don’t leave this important accomplishment of American medicine on the shelf,” Redfield said. “This is a year that I’m asking people to really think deep down about getting the flu vaccine.”Redfield hopes that the percentage of Americans who take a flu shot increases from 47% to 65% this fall.As for the origins of the pandemic, Redfield said a lack of cooperation with China complicated the US response to the virus. Redfield said the US requested to work with Chinese officials as early as January 3.“I think if we had been able to get in at that time, we probably would have learned quicker than we learned here,” Redfield said. 1903

Chances are, even more of your holiday gifts arrived in the mail this year, which can make returns more complicated.“This is going to cause a major problem when it comes to returns, so shoppers really need to manage their own expectations when it comes to sending things back that might not have worked out for the holidays,” said Sara Skirboll, a shopping and trends expert at RetailMeNot.com.RetailMeNot’s shopping experts say you can expect delays in returns similar to the shipping delays we saw, which means longer wait times for refunds.The good news is many retailers are allowing more time for returns and giving additional options.“Other locations where you might want to return something in person are offering returns curbside, similar to buy online, pick-up curbside places, like Dick’s (Sporting Goods), you can actually return your items in front of the store,” said Skirboll.Amazon extended its holiday return policy. Any orders shipped between October 1 and December 31 can be returned through the end of January.Walmart just added a new option with FedEx where they will pick up items shipped and sold by Walmart.com from your home. You can schedule pickup and print a label from Walmart’s website or the store app. You can also return items bought online inside a Walmart store.Or, you can skip returning all together.“Remember, you can sell something on Facebook Marketplace or even Nextdoor. You can donate that item to charity. Consider eBay or actually consider regifting something on Valentine's Day, kids’ birthdays, teacher holidays,” said Skirboll. “All are great options to put your used item, gently used item or brand-new item that you just don't need into a better home.”If you plan to make a return, make sure you do these two things – check the deadline so you don't miss your refund window, and take a picture of the return label or receipt so you have it in case the money doesn't show back up on your card. 1949

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