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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) -- The woman killed in a Carlsbad jet ski crash in August has been identified. According to the San Diego County Medical Examiner, 39-year-old Tanisha Prince was killed in the crash. Carlsbad Police say the crash happened just before 4 p.m. on August 18 at the Agua Hedionda Lagoon off the 4200 block of Harrison Street. RELATED: Woman killed in jet ski collision at Agua Hedionda Lagoon in CarlsbadPrince’s jet ski and another driven by a 17-year-old boy collided in the water, according to police. Prince was taken to the hospital where she later died from her injuries. No other injuries were reported. 638

CAMP PENDLETON, Calif. (KGTV) — A pair of brothers was arrested this week after police say they tried to carjack a man working on his vehicle on Interstate 5, assaulted him, and fled onto Camp Pendleton property.The brothers were traveling on southbound I-5 on Tuesday at about 10 a.m. when their Ford Mustang broke down just north of Las Pulgas Road. The pair walked to Vista Point and asked a truck driver for a ride to Long Beach, but the driver said no, California Highway Patrol said.The brothers then approached a 58-year-old man from San Diego who was working on his broken-down vehicle. The man was leaning over the engine of his vehicle with the hood up when one of the brothers placed the man in a headlock while the other brother assaulted the man in the face and body, CHP said.The truck driver who denied the brothers a lift saw the attack and came to the victim's aid. The brothers fled the area west, and climbed over a fence onto Camp Pendleton, said CHP.Camp Pendelton Police were nearby and quickly found and detained the two. CHP officers responded to the scene as well. The victim received moderate to major injuries during the assault and is expected to recover.Gonzalo Lopez, 24, and Eusebio Lopez, 19, both from Long Beach, were arrested and charged with assault and battery, and attempted carjacking. Gonzalo was also charged with driving under the influence while Eusebio was charged with being drunk in public. 1444

CHICAGO (AP) — President-elect Joe Biden is considering former Chicago Mayor Rahm Emanuel to serve as his transportation secretary.Biden's pick to lead the Transportation Department is not believed to be imminent, and Emanuel is among multiple candidates in the running for the Cabinet position. That's according to people familiar with the matter who spoke on the condition of anonymity to discuss the private deliberations.During his 8-year tenure as mayor, Emanuel is credited with fixing Chicago’s ragged public transportation system, overhauling O'Hare International Airport and Midway International Airport, and making the city a bicycle-friendly city, the Associated Press reported.Biden and Emanuel are no strangers to each other. Before becoming mayor of Chicago, Emanuel served as former President Barack Obama's first White House chief of staff.Emanuel is a substantial and somewhat divisive figure in Democratic Party politics.Some party progressives are critical of Emanuel's handling of the 2018 police shooting death of Black teenager Laquan McDonald by a white officer when Emanuel was mayor. 1116

CALEXICO, Calif. (KGTV) — A man was airlifted to the hospital Sunday after illegally climbing over a section of Calexico's border and falling.The man, who U.S. Customs and Border Protection said had crossed over illegally sometime just after 8 p.m., broke both of his legs and sustained a back injury from the 30-foot fall from atop the border wall.Video shows the man climbing over and falling to the ground, where he lay motionless.RELATED: Congress watchdog: Border wall may cost more, take longerBorder officials said they found him behind the nearby Gran Plaza Outlet Mall at about 9 p.m.Agents on the scene provided the man with first aid and called in emergency responders, who took the man to a Palm Springs medical center.El Centro Sector Border Patrol released the video on Twitter this week, reminding the public of the danger of attempting to climb the border wall. 890