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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
ORLANDO, Fla. — A Georgia woman who ran in the 10th Anniversary Disney Princess Half Marathon over the weekend says she lost a cross pendant necklace filled with her daughter's ashes on Sunday.Chasity Foster, a teacher from Augusta, Georgia, lost her 17-year-old daughter, Shaylin, in a car crash on her way to school last month. Shaylin was a high school senior who had been accepted into college to become a biomechanical engineer with the dream of creating prosthetics for children. Before the tragic accident, Foster said the two used to run several marathons together; including the Disney marathon."She was a very fast runner. She was involved in soccer, cross country and track," Foster told Digital Producer Veronica Beltran over the phone. Foster said this year they had signed up for the Disney Fairy Tale Challenge, previously known as the Glass Slipper challenge, — which involves a 19.3 mile magical adventure in two days including the Disney Princess Enchanted 10K and the 10th Anniversary Disney Princess Half Marathon.She said after last month's accident she was unsure about participating in the race. After Wesley Baker, Shaylin's best friend, asked his mom, "what if Shaylin would have wanted us to?" she knew they would in fact be heading to Florida for the race to run in her honor.Foster said her husband, Chris, ran in Shaylin's place and even wore her Princess Anna costume. During Sunday's marathon, Foster says she was hesitant to wear the cross pendant necklace with Shaylin's ashes because it means so much to her but she wanted her daughter to be there with her as she ran even if she wasn't there physically."I had my husband double check to make sure the necklace was on properly because I didn't want it to fall off," Foster said. "During mile three, I realized the necklace was missing. It's devastating to lose any child and then to lose the necklace I started freaking out."She said she was still wearing the necklace when they were in front of the Magic Kingdom parking lot entrance. A short distance later, near the princesses, is when she realized it was gone.She went to look for it with her family and friends, but wasn't able to find it before heading back to Georgia."To lose this necklace is just devastating and priceless. No amount of money in the world could replace this necklace," she said.Foster said the necklace matches her daughter's promise ring — which her father gave her at her 16th birthday — and has her name engraved in the back."If anyone finds the necklace they can contact me in any way possible that they can," Foster said. "I will even drive to their house because this [the necklace] is part of my baby."If you find the priceless necklace, you can contact Foster at ChasFoster7@gmail.com or her Facebook page or even turn it in to Disney's lost and found. 2923

One of the men convicted of killing Michael Jordan’s dad, James Jordan, will be paroled in 2023, according to multiple reports.Larry Demery and his friend Daniel Green were arrested and tried for murder in the 1993 shooting death of James Jordan. The elder Jordan had stopped at a rest stop for the night to sleep while on his way home from a funeral. Prosecutors said Demery and Green shot him, stole his car and then got rid of his body.In 1996, Demery and Green were sentenced to life in prison. Demery was spared the death penalty at the time because attorneys claimed he did not pull the trigger and he felt remorse, according to the Raleigh News and Observer. Demery pleaded guilty and testified against Green.North Carolina’s Post-Release Supervision and Parole Commission released a short statement announcing they approved Demery to take part in a vocational and scholastic program as part of parole. His release date is set for August 6, 2023.Demery was sentenced under old guidelines and is eligible for parole. Convicts serving life sentences for murder in North Carolina are no longer eligible for parole.Michael Jordan spoke emotionally about his dad’s death during “The Last Dance”, a docu-series based on Michael’s career, focusing on his last season with the Chicago Bulls.Michael said that his father was "the voice of reason that always drove and challenged me," and his death changed Michael's life forever. 1435
On Friday, it seems a lot of people learned a new word of the day: Schadenfreude.Schadenfreude means "enjoyment obtained from the troubles of others." Merriam-Webster reported that it saw a huge spike, a 30,500% spike to be exact, on its website Friday after reports came out that President Donald Trump and First Lady Melania had tested positive for COVID-19. 368
OKLAHOMA CITY, Okla. -- Police have identified the man accused of firing a gun at an Oklahoma City restaurant on Thursday evenign. Police say Alexander Tilghman, 28-years-old of Oklahoma City, opened fire Thursday at 6:30 p.m. local time at Louie's restaurant on Lake Hefner. In an update sent around 9:30 a.m. police say officers found Tilghman dead outside the restaurant. Police say he was shot by two citizens.Witnesses say the men were yelling at the suspect to put his gun down, but he had large headphones on and was pacing near the restaurant. Witnesses say the suspect raised his gun at the men, and that's when the armed citizen shot Tilghman.Police say three people were shot: A 39-year-old woman and two female juveniles. All three are reportedly in good condition.A fourth person was injured, according to police, after falling and breaking his arm after the shooter started firing his gun.Oklahoma City police are holding a press conference at 11:30 a.m. local time. 1024
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