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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

ORANGE COUNTY, Calif. (KGTV) - When an earthquake strikes seconds of warning can save lives. That's why, for decades, the United States Geological Survey (USGS) has been working with partners to create a warning system to do just that. "Eventually we would like to have something like an Amber Alert where you would get a text message that says shaking is about to occur in your area in a few seconds," said Alex Cadiao, a USGS Field Engineer.He's part of a small team which travels to remote parts of the state to install earthquake sensors into the ground. They provided 10News exclusive access to the region's newest sensor in Orange County. RELATED: 'ShakeAlert' message buzzes San Diego County phones"Ultimately we just want a grid across the whole state," said Christopher Bruton, Research Engineer at Caltech's Seismological Laboratory. There are 45 sensors throughout San Diego County, and dozens more are planned for the rest of Southern California. "The more sensors we have, the better the data, the greater coverage we have and better the quality, and faster response time of these stations," said Cadiao. The sensors work by detecting the initial, less-destructive waves of an earthquake, alerting people shaking is coming and to take cover.Seconds of warning can be critical for surgeons in the operating room, halting trains, or shutting off gas lines. The City of Los Angeles currently has the ShakeAlert app available to people in the city; the hope is that technology will eventually work statewide. "I get a lot of gratification knowing one day this will help save a lot of lives," said Cadiao. The engineers say it will likely be a few more years until all of Southern California will get ShakeAlert warnings on their cell phones. It's being tested in small groups, but they want to make sure the technology is reliable before making it available to everyone. 1888

On Wednesday, Facebook announced that it launched a million grant program to support Black-owned businesses.Back in June, the social media giant committed a 0 million investment that was aimed at helping U.S. Black-owned businesses, creators, and nonprofits.On Wednesday, the company began accepting applications for the grants.To apply for a grant, the company must be a majority Black-owned for-profit business, have less than 50 employees, been in business for over a year, and experienced challenges from COVID-19, Facebook said.The grants comprise of ,500 in cash and ,500 in optional advertising credits to use on Facebook. The deadline to apply is Aug. 31. 682

On Election Day, Krispy Kreme will be passing out free glazed doughnuts.The chain will also giveaway "I Voted" stickers along with the sweet treat.“If you’re out and about on Election Day, we want to thank you by giving you a free Original Glazed doughnut,” said Dave Skena, Chief Marketing Officer of Krispy Kreme, in a press release. “And if you didn’t get you an ‘I Voted’ sticker because you voted before Election Day, we’ve got you covered there too.”The chain added that you do not need to prove that you voted to receive the free doughnut and sticker. 566

OCEAN BEACH (KGTV) - A hooded thief appears to have struck again in Ocean Beach. Marguerite Cruz, who is a co-owner of Te Mana Cafe, said someone broke into her restaurant early morning on Valentine’s Day. “I just felt really attacked,” she said with tears in her eyes.She said the burglary was caught on multiple surveillance cameras. The video shows the person crawling in through a window, then using some sort of took to dislodge the cash drawer from the register. A couple weeks ago, less than two blocks away, a criminal was caught on camera breaking into Pat’s Liquor and stealing the entire cash register. Police have not said if they think it is the same criminal, but Cruz seemed certain. “I think this person’s on a roll,” she said.  777