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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) -- As a way to deal with San Diego’s growing roadway congestion, more communities are installing mini-roundabouts to slow speeding drivers. Yet some neighbors in North County are calling them death traps.If you take a drive down Cassia Road in Carlsbad, you’ll see mini-roundabouts, also known as mini-circles, that are causing a big fuss. Fire Captain Nick Valenzuela lives in the neighboring community. “I've come down [to the road] because I’ve heard traffic accidents from my house and come down and helped people,” he tells us.“I've seen the aftermath of at least two accidents,” adds neighbor Mark Bua, who is also a police officer. Bua says the mini-circles are so small that drivers blow right past them without yielding for oncoming traffic. He shared photos of debris from some of the collisions.The mini-circles on Cassia Road were installed at the end of 2016 as a way to slow traffic in bustling North County.Mini-circles have had great success in other booming cities like Seattle, which now has more than 1,000 of them with a 90% reduction in collisions.Dan Burden is a renowned traffic expert. He was once named one of the most important civic innovators in the world, according to TIME Magazine. We asked Burden to review photos of the Carlsbad mini-circles. “[They’ve] got some design issues,” he told us. “In this case the circle is so small and there's no consequence in getting close to it. They're designed in a way that a motorist could go much too fast,” he adds.Burden is a fan of mini-circles, if they're done right. He says they're easier on cars than speed bumps and create better flow than stop signs. "They slow traffic down to 15 to 20 miles per hour upon entry,” he adds.However, Carlsbad neighbors claim they’re playing chicken with speeding drivers and lives are at risk.10News submitted a request with the City of Carlsbad to review the number of recent collisions Cassia Road. According to reported incidents, collisions actually appear to have dropped since the mini-circles were installed.Nearby Leucadia is hoping to soon install mini-circles along the congested North Coast Highway 101. A few years ago, the mini-circles were installed in the Bird Rock community of La Jolla, where motorists are now driving half as fast as they used to. On Harbinson Avenue in La Mesa, the circles were removed a few years after neighbors complained about safety concerns.The City of Carlsbad is reportedly monitoring and making refinements to the mini-circles on Cassia Road, but is aware of residents’ concerns and will consider making more changes in the upcoming months.“This is Carlsbad. Things are supposed to be done right. This is not right. This [was] not done right at all,” adds Valenzuela. 2782

CAMPO, Calif. (KGTV) -- Four wild mice collected during routine monitoring in the Campo area have tested positive for hantavirus, county health officials say.The mice, that were collected in open space in Campo, included two California mice, one deer mouse, and one brush mouse.The mice brought the total number of rodents that have tested positive for the virus so far this year around the county to 22.Health officials say people are unlikely to be exposed to the virus because rodents generally want to live and nest away from people.The county is also reminding residents that they should never sweep or vacuum up after rodents if they find them living in spaces like homes, sheds, or garages. Instead, people are encouraged to use “wet-cleaning” methods.People are exposed to hantavirus when the urine, feces, and saliva dries and is stirred into the air and inhaled.There is no cure or vaccine for the virus and it is potentially deadly, the county says.See tips from the county below on how to use wet-cleaning methods:Avoid Exposure to Hantavirus· Seal up all external holes in homes, garages and sheds larger than a dime to keep rodents from getting in.· Eliminate rodent infestations immediately.· Avoid rodent-infested areas and do not stir up dust or materials that may be contaminated with rodent droppings and urine.· Clean up rodent droppings and urine using the wet cleaning method described below.Use “Wet-cleaning” Methods to Prevent Inhaling the Virus· Do not sweep or vacuum infested areas.· Ventilate affected area by opening doors and windows for at least 30 minutes.· Use rubber gloves. Spray a 10 percent bleach solution or other disinfectants onto dead rodents, rodent droppings, nests, contaminated traps, and surrounding areas and let the disinfectant stand for at least 15 minutes before cleaning.· Clean with a sponge or a mop that has been soaked in disinfectant.· Place disinfected rodents and debris into two plastic bags, seal them and discard in the trash.· Wash gloves in a bleach solution, then soap and water, and dispose of them using the same double-bag method.· Thoroughly wash your hands with soap and water. 2157
California Attorney General Xavier Becerra and top education leaders in the state announced Thursday that California was suing the Trump administration in an attempt to stop a directive that would force international students to leave the country should their schools conduct classes exclusively online.Immigrations and Customs Enforcement (ICE) announced on Monday that students on F-1 and M-1 visas would either need to leave the country or transfer to a school where in-person classes were taking place or else face deportation."Shame on the Trump Administration for risking not only the education opportunities for students who earned the chance to go to college, but now their health and well-being as well," Becerra said in a press release. "Today, President Trump appears set to do just that — amidst a global pandemic of historic proportions. Not on our watch."Becerra was joined in the lawsuit by the chancellors of both the state's university and community college systems.California is the first state to file a lawsuit against the directive. Harvard and MIT filed lawsuits against the administration earlier this week.NBC News reports that there were more than 40,000 international undergraduate and graduate students during the 2019 fall semester.According to NAFSA: Association of International Educators, international students contributed billion to the U.S. GDP during the 2018-19 school year. 1422
Chairman of the Joint Chiefs of Staff Gen. Joseph Dunford said Monday that the US military will not be "involved in the actual mission of denying people entry to the United States."When asked about the border mission for active-duty troops, Dunford said the military will not be coming into contact with migrants traveling toward the border."There is no plan for US military forces to be involved in the actual mission of denying people entry to the United States," Dunford said, speaking at an event at Duke University in Durham, North Carolina. "There is no plan for soldiers to come in contact with immigrants or to reinforce Department of Homeland Security as they're conducting their mission.""We are providing enabling capabilities," Dunford said, explaining they were tasked with supporting the DHS.Just before the midterm elections, President Donald Trump ordered thousands of troops to the southern border to guard against what he has called an "invasion" by a group of migrants heading north through Mexico to the United States.Despite Trump's unsubstantiated claim that the group of Central American migrants includes "gang members and some very bad people," most of the migrants reportedly plan to apply for asylum once they arrive at the border, following legal procedures.Dunford said the DHS requested logistical support, "so you'll see some soldiers down there right now that are putting up concertina wire and reinforcing the points of entry," and that the military is providing "both trucks and helicopter support and then also some medical support."Pentagon spokesman Col. Rob Manning said Monday, "There are currently more than 4,800 personnel deployed in support of this mission. This continues to be a dynamic situation with more units and personnel deploying to the operating area, and we expect to reach 5,200 deployed personnel as early as today.""DoD anticipates more than 7,000 active-duty troops will be supporting DHS soon," Manning said. The breakdown of personnel includes "1,100 in California, 1,100 in (Arizona) and 2,600 in Texas," according to Manning.In response to criticism of himself and Secretary of Defense Jim Mattis, who signed off on the request for assistance, Dunford said the President gave them a legal order and it is not his job to "assess the appropriateness of the mission.""The President gave us a legal order: Support the Department of Homeland Security," Dunford said."It's not my job to assess the appropriateness of the mission," Dunford said. "It's my job to accept the legality of the mission and, again, the capability of our forces to perform that mission. So others outside the ring can make a subjective assessment as to what ... we're doing but I'm not going to comment on that."As a military leader, Dunford said, the questions he asks are: Is the order legal, is the order unambiguous and do the troops have the capability to perform the task. "And the answer is yes in all three cases," he said.Trump's decision to deploy active-duty US troops and the earlier deployment of National Guard forces to the southern border could cost between 0 million and 0 million, according to an independent analysis and Department of Defense figures on guard deployments.Asked about criticism of the decision by his predecessor and other retired senior officers, Dunford said "To be honest with you, I wish they wouldn't do that, but they certainly can do that if they want to."Retired Gen. Martin Dempsey, who served as the chairman of the Joint Chiefs of Staff from 2011 to 2015, tweeted Friday that "our men and women in uniform are better trained, better equipped, and better led so they meet any threat with confidence. A wasteful deployment of over-stretched soldiers and Marines would be made much worse if they use force disproportional to the threat they face. They won't." 3862
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