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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) — Many business owners are paying big bucks to move outdoors and comply with state and county health orders. One business owner in Carlsbad said she had to fork up more than ,500 to provide outdoor dining."They said your option is to pay this or you don't get to go outside," said Annie Rammel, owner of Oak + Elixir in the Carlsbad Village.The City of Carlsbad charges 1 for businesses to move onto sidewalks, but it wasn't that simple for Rammel."We were told that the fee would be 1. That's doable for us; we were willing to spend the money to build a beautiful patio where people felt safe."Rammel said she needed to expand into public street parking spaces to make outdoor dining work because there wasn't enough space on the sidewalk. She saw other cities across the county moving quickly to offer low cost or no cost permits for businesses to do the same. She was hoping Carlsbad would follow suit.The Carlsbad City Council voted to approve moving into public spaces on July 28, and Rammel got a permit days later. That came after four weeks of being shut down and working with the city to find a solution."We didn’t want to just put tables on the concrete that are in parking spots next to cars driving by," she said. "We wanted to create a safe space for customers to feel like they could come in relax."Then, the unexpected happened."We got a phone call from the city saying that we actually needed to pay ,500," she said.The city is charging ,200 per parking space plus extra fees. Rammel requested to utilize four spaces."The fee for a curb café is 1 but also includes ,200 per parking space into a fund that is used to create new parking to compensate for the loss of the parking that is converted into a dining area," said David Graham, the Director of Economic Development and Innovation for the City of Carlsbad. "Allowing one business to remove parking means the loss of convenient parking that the nearby shops, restaurants, offices, and personal care services rely upon to draw customers."Despite the circumstances, Rammel got the permit to use four parking spots and built a deck."I begged and pleaded, 'please can we get a prorated amount, can we do month to month, is there any way you can work with us because you are depleting our cash flow at a time where we desperately need cash flow to survive this,'" she said.She paid the fees in full and spent an additional ,000 to have the temporary deck built."When Governor Newsom tells us we can go back inside, we have to tear it down," she said. "We don't get to keep it."The painful costs during an already difficult time were the only solution to keeping way Rammel's business running."We had to pull that ,500 from our savings," she said. "If we're not serving customers, we're not making profits, and we cannot pay our bills."She said leaders from other cities in the county that have waived permitting costs have personally reached out to her to show support.There may be some hope left."We understand that these are not normal times. So, when Oak + Elixer raised the issue of the total cost of the fee due to the ,200 per stall payment into the parking fund, we started working on options. Whether or not that would include retroactivity for those who have already paid will be evaluated," said Graham."On Monday, August 10, we will bring a discussion of any fees associated with an outdoor business operation on public property like sidewalks and streetlights to the city's subcommittee on COVID-19 economic revitalization.""I'm in a big hole, and I've gotta dig myself out of that hole, and I'm not giving up," said Rammel. "We're requesting that the city reimburse us that money, so we have that cash flow." 3742

CHICAGO, Ill. -- The IRS says it has issued more than 159 million stimulus payments in just over two months. About 0 billion has been dispersed via direct deposit, paper check and pre-paid debit cards. Yet, even today there are countless eligible Americans who say they’ve fallen through the cracks.In New York state, Hanna Brandow has no idea why she hasn’t gotten a stimulus payment.“My sister and I who both have not gotten the check yet. We did our taxes this year and got our returns already,” said Brandow. “So, it's very strange.”In California, Alexis Lopez is also in limbo.“For most people, it was like 'this person got it, this person got it,' said Lopez. "I was like, ‘well maybe there's some delay with mine.’ No big deal.”And in Ohio, Karen Melroy is also stuck in in stimulus purgatory.“I received my refund by a direct deposit,” said Melroy. “So, there's no reason I can think of why I shouldn't have received one.”All of them say they get the same message when checking on the IRS website.“I normally add a few more expletives to mine when I see it, but it's something to the effect of payment status not available,” said Melroy.It turns out they’re not alone. Those four words: "payment status not available" are exasperating countless Americans who appear otherwise eligible for payments but have not been paid and can’t get answers as to why.“The IRS obviously was very rushed and even when the government takes a year and a half to do a computer system, there are problems with it,” said Robert Probasco, director of the tax clinic at Texas A&M University.In May the IRS added 3,500 telephone representatives to help with problems, but most can only provide general information.“I found this like nine-step guide of how to get a human on the phone at the IRS. I did it twice and hit a dead end,” said Brandow.Because IRS offices remain closed due to the pandemic, the agency tells us that call center agents are working from home. That means they don’t have access to secure personal information specific to each case.“This was designed poorly obviously because it doesn't tell you which of those things happen and if it is a glitch, it doesn't tell you what kind of a glitch,” said Probasco.The IRS is doing a phased reopening at key processing sites and call centers.The IRS tells us some employees have returned to work in Kentucky, Texas and Utah. They say they will follow state and local guidelines as employees return to work in Georgia, Tennessee, Missouri, Michigan and by the end of June in Indiana, Ohio, California, Oregon and Puerto RicoBut if you can’t get your payment issue resolved by the end of the year, you may have to claim your unpaid stimulus assistance on next year’s tax return as a credit.“That doesn't help me today,” said Melroy.That's a sentiment many like Alexis Lopez share as they struggle to rebound financially from the pandemic.“You're left in limbo wondering, 'am I ever going to get this stimulus check that most Americans received?' And I'm in the minority that has not and there's no answers,” she said.The agency says for case-specific information ,the appropriate number to call remains 800-829-1040. Otherwise, you could call your local IRS office and even set up a face-to-face meeting once they reopen. 3281

CARLSBAD (KGTV) — The new reality that major theme parks like Legoland won't be able to reopen for months is reverberating well beyond the gates.That's because local businesses are no longer able to draw much-needed customers from the park."When they're down, it gives all the leisure marketplace reason to pause and say, do we want to travel?" said Tim Stripe, co-president of Grand Pacific Resorts, which owns multiple hotels and timeshares within walking distance of Legoland.The governor's office announced this week that major theme parks such as Legoland could not open until counties enter the least restrictive tier of coronavirus restrictions. San Diego County is two tiers away, meaning the move could take months. Bret Schanzenbach, CEO of the Carlsbad Chamber of Commerce, said there are many reasons to visit the city, including golf, beaches, and the outlet mall, but nothing brings tourists like Legoland. "The explosion of hotels that we've had since Legoland opened is undeniable, and the skyrocketing of our tourism dollars in this area since Legoland has opened is undeniable," he said. "All those other amenities are great and they play off of each other, but Legoland is the biggest draw in North San Diego County."Stripe said his company has closed one of its hotel facilities, while the other two are at 40% capacity, with employment cut in about half. He said the hotels get 20% of their guests directly because of Legoland. It's not just hotels, but also restaurants. Carlsbad's Green Dragon Tavern and Museum is taking a double hit. Not only is the restaurant losing out on tourists — about 20% of its business — but also the corporate events Legoland used to host there."We're definitely looking forward to the day where these attractions can come back and we hope Legoland is going to stick through it," said john lek, its senior vice president.The governor's office says major theme parks are risky because they attract out of towners.Legoland currently has about 100 employees, down from 3,000 pre-pandemic. 2045

Caterpillar could eliminate nearly 900 jobs in the US and Central America, the company said on Friday.Job cuts will happen at locations in Texas and Panama as part of a restructuring, a spokeswoman said. Employees were notified earlier this year, she said.The heavy equipment manufacturer also said it is "contemplating the closure" of an engine factory in La Grange, Illinois, which is part of its subsidiary Progress Rail, a supplier of railroad and transit products. The closure, if it happens, would eliminate 600 full-time jobs in engine manufacturing. The company said it might be "transitioning" its rail manufacturing to facilities in Winston-Salem, North Carolina, as well as "outside suppliers." The company said the employees were informed in January.Caterpillar is planning to close its work tools facility in Waco, Texas, by the end of 2018, eliminating 200 job and contractor positions there, the company said. The employees were notified last month. The company plans to move the manufacturing to Wamego, Kansas, and also to "external suppliers."Caterpillar also confirmed that it's closing a facility in Panama, and that 80 jobs will be eliminated. The company said these workers were informed in January.The cost-cutting measures come even as a growing global economy is boosting demand for its heavy-duty equipment. The company reported in January that quarterly sales grew 18%, its first increase since 2012.Sales in North American grew by 46% driven by selling and leasing machinery for home building, infrastructure and for the oil and gas industries. Sales were also boosted by increased spending in China.The company added 3,000 employees last year to meet demand, bringing its total workforce to 98,000. 1735

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