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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

Not to beat a dead horse @DisneylandToday, but currently Main Street Cinema is trending on Twitter. Just a hint at how upset people are over this felonious attack on a piece of Disneyland history. This decision maker needs to be dealt with.— Fresh Baked! (@FrshBakedDisney) June 14, 2019 303

One of 24 fan blades was missing from the engine that failed on a Southwest Airlines flight that made an emergency landing Tuesday after a passenger was almost sucked out a broken window, NTSB Chairman Robert Sumwalt said in Philadelphia.Sumwalt said a preliminary examination shows there was evidence of metal fatigue where the blade attached to a hub.[Previous story, published at 9:05 p.m. ET]Passengers aboard a Dallas-bound Southwest Airlines flight Tuesday struggled to pull a woman back into the plane after she was sucked into a hole left by a shattered window, witnesses said.The woman died, officials said.The woman was sitting on the left side of the plane when something in the engine apparently broke and smacked into the window. She hung out the hole for many minutes, said Hollie Mackey, who sat next to the victim, and Amy Serafini, who was in the row behind the woman.Many passengers kept trying to pull the woman back into the plane for a long time, until two men were able to get the woman back in her seat, they said.A nurse answered a call for help and tried to do CPR.Southwest CEO Gary Kelly said the family of the victim was the airline's primary concern."This is a sad day and our hearts go out to the family and the loved ones of the deceased customer," he said. "We will do all that we can to support them during this very difficult time."The woman who was killed was identified as Jennifer Riordan, according to CNN affiliate KOAT, which cited Annunciation Catholic School. Riordan, 43, worked for Wells Fargo in Albuquerque, New Mexico, the station reported. 1600

OCEANSIDE, Calif. (KGTV) - An Oceanside man returned home to an unwelcome sight: a gay slur spray-painted across his garage door.Amid the tranquility of the Oceana South senior community, something ugly happened."I didn't expect this ... it hurts a lot," said Earls, choking back tears.For Earls, his emotions have been hard to control since he returned home on Pear Blossom Avenue past 7 p.m. Sunday. That's when he discovered a gay slur in black spray paint. Earls is openly gay."I just don't understand why people are so cruel. It just took me back to my childhood and the bullies on the playground," said Earls.The discovery was not a complete surprise. In the past few months, Earls says several neighbors have directed the same gay slur at him while walking near his home."One neighbor was muttering it quietly as she walks by. Another neighbor was the same person I saw near the garage when I discovered the slur," said Earls.Amid all the pain, something remarkable happened. After police arrived, a stranger came up to him."A man handed me an envelope, hugged me and said he loved me ... Inside was 0 and a note asking the money to be used for a reward. Shows there are good people. I have a lot of great neighbors," said Earls.Earls has told police about which neighbors have used the slurs before. He is offering that 0 reward for information leading to an arrest. Anyone with information is asked to 760-435-4900. 1439

OCEANSIDE, Calif. (KGTV) - The Rugby team at MiraCosta College has qualified for the National Championships in Pittsburgh.The Spartans Rugby program is in its first full competitive season, and due to the lack of Junior College teams in Southern California, they play a schedule that consists of NCAA 4-year schools.The MiraCosta Rugby team is made up of around 40 players, many of whom have backgrounds in football and wrestling.The team doesn't lack for experience, as a few players have been playing for over 10 years, like Ian Crilly, who says he's pleased with the team's progression."I've been playing for about 12 years now, so it was a little rough with these first year players. Trying to get them up to speed but we got there," said Crilly.The Spartans begin play in the National Championships on April 21, and win or lose, they feel all there success this season has put the school on the map for athletics. They hope their success will get more kids, both men and women, to come out for the sport.  1028

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