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VISTA (CNS) - A Carlsbad man who molested several young girls his girlfriend babysat was convicted of 35 felonies Friday, including kidnapping, sexual assault, burglary and conspiracy.Jurors deliberated for just two hours before finding Samuel Cabrera Jr., 25, guilty of molesting four young girls between 2014 and 2016 and videotaping his assaults. He faces life imprisonment when he is sentenced Jan. 7.His girlfriend, Brittney Mae Lyon, 26, also faces life imprisonment on the same charges for allegedly molesting the girls and videotaping Cabrera doing so, but will be tried separately. Her trial date is set for later this month.RELATED: Accused child molester was a San Marcos teacher's aideThe pair -- arrested in July 2016 -- allegedly molested the girls on various occasions in the victims' homes, in her home and in his.Investigators found video recordings of the crimes on hard drives inside Cabrera's car, according to trial testimony.The victims' mothers testified that they hired Lyon to babysit their daughters after finding her on childcare websites.One of those mothers testified that her daughter is on the autism spectrum and was nonverbal at the time of the molestations, when she was 6 and 7 years old. Lyon would babysit the girl at the victim's house during the week, even while her older brothers were home.On occasional weekends, however, Lyon would take the girl on her own for excursions she was not paid for and were unrelated to babysitting. Lyon allegedly told the mother that these outings would help her with a research paper she was writing as part of her degree, which she allegedly claimed was related to child development.The mother testified she was aware Lyon had a boyfriend, but had never met him and never consented to have him participate in any activities with her daughter.Another mother testified she hired Lyon to babysit her 3-and-a-half- year-old daughter on two occasions. After the second occasion, the girl informed her mother that Lyon had brought her boyfriend over to the house, and that the defendants had changed her underwear, she testified.Lyon said that she alone had changed the girl's underwear because it was torn, and that her boyfriend had only come over to bring her cold medicine. A subsequent doctor's examination did not reveal anything untoward, but the mother said she later read a news article detailing the couple's arrests and contacted police.Cabrera and Lyon were initially only charged on the basis of two of the victims. After police publicly disseminated information regarding their arrests, charges were added regarding the two other girls. 2627
WASHINGTON (AP) — A federal judge on Monday ordered North Korea to pay more than 0 million in a wrongful death suit filed by the parents of Otto Warmbier, an American college student who died shortly after being released from that country.U.S. District Judge Beryl Howell harshly condemned North Korea for "barbaric mistreatment" of Warmbier in agreeing with his family that the isolated nation should be held liable for his death last year. She awarded punitive damages and payments covering medical expenses, economic loss and pain and suffering to Fred and Cindy Warmbier, who alleged that their son had been held hostage and tortured.Warmbier was a University of Virginia student who was visiting North Korea with a tour group when he was arrested and sentenced to 15 years of hard labor in March 2016 on suspicion of stealing a propaganda poster. He died in June 2017, shortly after he returned to the U.S. in a coma and showing apparent signs of torture while in custody.In holding the North Korean government liable, Howell accused the government of seizing Warmbier for "use as a pawn in that totalitarian state's global shenanigans and face-off with the United States.""Before Otto traveled with a tour group on a five-day trip to North Korea, he was a healthy, athletic student of economics and business in his junior year at the University of Virginia, with 'big dreams' and both the smarts and people skills to make him his high school class salutatorian, homecoming king, and prom king," the judge wrote. "He was blind, deaf, and brain dead when North Korea turned him over to U.S. government officials for his final trip home."The arrest and death of Warmbier came during a time of heightened tension between the U.S. and North Korea over the country's nuclear weapons program. President Donald Trump held a first-of-its-kind summit with North Korean leader Kim Jong Un in June 2018 and plans another next year.The judgment may be mostly a symbolic victory since North Korea has yet to respond to any of the allegations in court and there's no practical mechanism to force it do so. But the family may nonetheless be able to recoup damages through a Justice Department-administered fund for victims of state-sponsored acts of terrorism, and may look to seize other assets held by the country outside of North Korea.Fred and Cindy Warmbier, who are from a suburb of Cincinnati, said they were thankful the court found the government of Kim Jong Un "legally and morally" responsible for their son's death."We put ourselves and our family through the ordeal of a lawsuit and public trial because we promised Otto that we will never rest until we have justice for him," they said in a statement. "Today's thoughtful opinion by Chief Judge Howell is a significant step on our journey."The lawsuit, filed in April, describes in horrific detail the physical abuse Warmbier endured in North Korean custody.When his parents boarded a plane to see him upon arrival in the U.S., they were "stunned to see his condition," court documents say.The 22-year-old was blind and deaf, his arms were curled and mangled and he was jerking violently and howling, completely unresponsive to his family's attempts to comfort him. His once straight teeth were misaligned, and he had an unexplained scarred on his foot. An expert said in court papers that the injuries suggested he had been tortured with electric shock.A neurologist later concluded that the college student suffered brain damage, probably from a loss of blood flow to the brain for five to 20 minutes.North Korea has denied that Warmbier was tortured and has said he contracted botulism in custody, though medical experts said there was no evidence of that.The complaint also said Warmbier was pressed to make a televised confession, then convicted of subversion after a short trial. He was denied communication with his family. In June 2017, his parents were informed he was in a coma and had been in that condition for one year.Though foreign nations are generally immune from being sued in U.S. courts, Howell cited several exceptions that she said allowed the case to move forward and for her to hold North Korea liable. Those include the fact that North Korea has been designated by the U.S. as a sponsor of terrorism, that the Warmbiers are U.S. citizens and that North Koreans' conduct amounts to torture and hostage taking.The penalty awarded by Howell to the Warmbiers and to Otto Warmbier's estate includes punitive damages as well as damages for economic losses, pain and suffering and medical expenses.The lawsuit was brought on the Warmbiers' behalf by Richard Cullen, a prominent Virginia lawyer and former U.S. attorney. He told The Associated Press that while "nothing will ever bring Otto back to the Warmbiers or erase their memories of his horrid last 18 months," the judge's order was "very good news for his family and friends." 4916

WASHINGTON (AP) — A new plan from Senate Republicans to award businesses, schools, and universities sweeping exemptions from lawsuits arising from inadequate coronavirus safeguards is putting Republicans and Democrats at loggerheads. The liability proposal promises to shield employers that negligently expose customers and workers to the coronavirus, limiting their legal exposure. That's according to a draft of the plan obtained by The Associated Press. Supporters say the proposal protects businesses and other employers who adhere to public-health guidelines in good faith. Opponents say it will permit wrongdoing to go unpunished. Lawmakers will consider the liability plan as they negotiate another coronavirus relief bill. 738
VISTA (CNS) - A former speech therapist at Rancho Buena Vista High School, who allegedly threatened co-workers while working at the northern San Diego County campus, pleaded not guilty Tuesday to charges of burglary, making criminal threats and vandalism.Arturo Avina, 33, was taken into custody by a SWAT team last Friday morning in connection with a series of menacing messages he allegedly sent to co-workers. The victims began receiving the messages last month, according to sheriff's Sgt. Shane Watts.Authorities released no details on the nature of the purported threats and did not specify the number of alleged victims. However, no students were involved in the threats, according to Lisa Contreras, director of communications for Vista Unified School District.RELATED: Former speech therapist at Rancho Buena Vista High School arrested``At no time were there any students who were in danger,'' Contreras said. Avina, who faces three years and eight months in prison if convicted, worked for the school district from August 2017 until January of this year, Contreras said.He's being held in lieu of 0,000 bail and is due back in court March 20 for a readiness conference. 1190
WASHINGTON (AP) — For decades, there were tales from fishermen and tourists, even lots of photos, of a mysterious killer whale that just didn't look like all the others, but scientists had never seen one.Now they have.An international team of researchers says they found a couple dozen of these distinctly different orcas roaming in the oceans off southern Chile in January. Scientists are waiting for DNA tests from a tissue sample but think it may be a distinct species.The National Oceanic and Atmospheric Administration felt confident enough to trumpet the discovery of the long rumored killer whale on Thursday. Some outside experts were more cautious, acknowledging the whales are different, but saying they'd wait for the test results to answer the species question."This is the most different looking killer whale I've ever seen," said Robert Pitman, a NOAA marine ecologist in San Diego. He was part of the team that spotted the orcas off Cape Horn at the tip of South America.How different? The whale's signature large white eye patch is tiny on these new guys, barely noticeable. Their heads are a bit more rounded and less sleek than normal killer whales and their dorsal fins are narrower and pointed.They likely mostly eat fish, not marine mammals like seals, as other killer whales do, Pitman said. Fishermen have complained about how good they are at poaching off fishing lines, snatching 200-pound fish away.Pitman said they are so different they probably can't breed with other killer whales and are likely a new species. At 20 to 25 feet long (6 to 7.5 meters), they are slightly smaller than most killer whales. In the Southern Hemisphere, killer whales are considered all one species, classified in types A through C. This one is called type D or subantarctic killer whales.Michael McGowen, marine mammal curator at the Smithsonian, said calling it a new species without genetic data may be premature. Still, he said, "I think it's pretty remarkable that there are still many things out there in the ocean like a huge killer whale that we don't know about."Scientists have heard about these distinctive whales ever since a mass stranding in New Zealand in 1955. Scientists initially thought it could be one family of killer whales that had a specific mutation, but the January discovery and all the photos in between point to a different type, Pitman said.He said they are hard to find because they live far south and away from shore, unlike most killer whales."The type D killer whale lives in the most inhospitable waters on the planet. It's a good place to hide."Pitman got interested in this mysterious killer whale when he was shown a photograph in 2005. When he and others decided to go find them, they followed the advice and directions of South American fishermen, who had seen the whales poaching their fish.After weeks of waiting, about 25 of the whales came up to the scientist's boat, looking like they expected to be fed. Equipment problems prevented the scientists from recording enough of the whale songs, but they used a crossbow to get a tissue sample. Pitman said the whales are so big and their skin so tough that it didn't hurt them, saying the arrow "is like a soda straw bouncing off a truck tire."Pitman said he'll never forget Jan. 21 when he finally saw his first and then a bunch of the type D orcas."For 14 years I was looking for these guys. I finally got to see them," Pitman said.He acknowledged that he did sound like the revenge-seeking captain in the classic novel "Moby-Dick.""I guess I know how Ahab felt, but for a good reason," Pitman said. 3606
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