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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) — Oceanside's shoreline was closed Tuesday after the sighting of a 9-foot long hammerhead shark. Oceanside Lifeguards temporarily closed the city's beaches from Wisconsin Ave. to Harbor Beach around 11:30 a.m. Police officers were dispatched on a boat offshore to keep an eye out for the shark, according to the city. The shark was last seen swimming about 100 yards offshore, south of the Oceanside Pier. The shoreline was reopened at 2:30 p.m. after a final search of the area came up empty.RELATED: 564

One day after the CMA Awards issued guidance to journalist to not talk about the Las Vegas shooting or the topic of gun rights one of the hosts of the award show is speaking out.UPDATE: CMA reverses media ban on talk about Las Vegas shootingBrad Paisley, who is hosting for the 10th year with Carrie Underwood, tweeted out Friday morning that he hopes the CMAs will "do the right thing" and "rescind these ridiculous and unfair press guidelines." 454

On Wednesday, the Supreme Court ruled in favor of expanding a clause that prevents the application of anti-discrimination laws from religious institutions.In a 7-2 decision, with liberal justices Ginsburg and Sotomayor dissenting, the court expanded the "ministerial exception," siding with a California Catholic school that did not renew the contracts of two teachers.In the case of Our Lady of Guadalupe School v. Morrisey-Berru, the teachers claimed they were discriminated against because they were released from their contracts after they did not receive certification in a Catholic teaching course. The teacher later sued, saying she had been discriminated against because of her age.However, the citing precedent from the landmark 2014 Burwell v. Hobby Lobby Stores, Inc. case, the court ruled that the school and other such institutions are protected from discrimination lawsuits. 896

OCEANSIDE, Calif. (KGTV) - The San Diego Humane Society is asking for the public's help in solving an animal cruelty investigation. Around 5:30 p.m. on April 29 Humane Officers received a call about a loose goat running in and out of traffic at the busy Oceanside intersection of College Boulevard and Marvin Street.Oceanside resident Scott Palmer made the call when he noticed the goat on his commute home. “I literally told him to sit and stay, don’t know what I was thinking but I tried to distract him, and then he followed me to my car," said Palmer.Palmer described him as being as friendly as a dog.A Humane Law Officer picked up the goat and then received surveillance video of the incident. The footage shows two people abandoning the goat and driving away in a 4-door, white pickup truck.“It’s ok for you to come to us, please don’t abandon your animals when you can bring them to San Diego Humane Society and we'll take care of it for you," said Dariel Walker, with the Humane Society. She says if you cannot afford the fee, the Humane Society can still help. If you have any information on the suspects or have surveillance video call Humane Law Enforcement: 619-299-7012The suspects face misdemeanor charges. 1230

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