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CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.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 at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.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 and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."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 all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one 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. 2921

Carlos Ghosn and Nissan, the Japanese automaker he saved from collapse, were indicted Monday on allegations of financial misconduct, deepening a crisis that already brought down one of the global car industry's most iconic figures.Tokyo prosecutors said they indicted Ghosn and Nissan for under-reporting his income over a five-year period and are investigating allegations that the practice went on for even longer.Ghosn's sudden downfall began when he was arrested in Tokyo last month. He has since been ousted as chairman of Nissan (NSANY) and Mitsubishi Motors (MMTOF) and temporarily replaced as head of France's Renault (RNSDF).Former Nissan director Greg Kelly, who was arrested in Tokyo at the same time as Ghosn, was also indicted Monday, prosecutors said. 783

CHICAGO (AP) — Americans are more unhappy today than they’ve been in nearly 50 years.That's according to the COVID Response Tracking Study, conducted in late May by NORC at the University of Chicago.The survey finds that just 14% of American adults say they’re very happy, down from 31% who said the same in 2018.The survey draws on nearly a half-century of research from the General Social Survey, which has collected data on American attitudes and behaviors at least every other year since 1972.No less than 29% of Americans have ever called themselves very happy in that survey.Researchers say the COVID-19 pandemic has led to two seemingly contrasting shift in public opinion: More Americans are unhappy and pessimistic about the future than in previous decades, but more are relatively satisfied financially.“In combination, these results suggest that people are comparing their finances to that of fellow Americans hurt by the economic fallouts from the pandemic while contrasting their happiness to their own mood prior to the outbreak,” the study says. 1068

CHICAGO (AP) — While on trial for child pornography in 2008, R. Kelly still found time to talk to fans, give autographs and to meet an underage girl he later invited to his home, according to prosecutors who depicted the R&B star as manipulative and sometimes violent.Other accusers included a girl who met Kelly at her 16th birthday party and a hairdresser who expected to braid the singer's hair only to find that he wanted oral sex instead, court documents said.The accounts emerged Saturday as Kelly made his first court appearance since being accused of sexually abusing four people in a case that could produce another #MeToo reckoning for a celebrity.A judge gave Kelly a chance to go free while awaiting trial, setting bond at million. That means the 52-year-old Grammy winner must post 0,000 to be released or remain behind bars until he is tried on the allegations that date back as far as 1998 and span more than a decade.The prosecution released four detailed documents — one for each accuser — outlining the basis for the charges.The 16-year-old girl who attended Kelly's trial got his autograph after a court session. He later invited her to his home in the Chicago suburb of Olympia Fields, where they had sex multiple times, according to the documents, which said he also slapped, choked and spit on her.In 1998, another girl reported meeting Kelly at a restaurant where she was having a 16th birthday party. Kelly's manager gave her the singer's business card and suggested she call Kelly. The girl's mother heard the exchange, took the card and told the manager her daughter was 16.But her daughter later retrieved the card from her purse. She contacted Kelly, who gave her instructions and money that she assumed was for the taxi fare to his studio, where they had sex periodically for a year, the documents said.In early 2003, a Chicago hairdresser told prosecutors that she thought she was going to braid Kelly's hair, but he pulled down his pants and instead tried to force her to give him oral sex. The woman, who was 24, was able to pull away, but Kelly ejaculated on her and spit in her face, the documents said.Prosecutors also described a witness who had access to videotapes showing Kelly having sex with a 14-year-old girl. The witness turned a tape over to authorities and identified the girl, who repeatedly stated her age on the footage, according to the documents.Kelly's DNA was found in semen on one of the accuser's shirts, and semen found on a shirt worn by another was submitted for DNA testing, Cook County State's Attorney Kim Foxx said. It was not clear when the accusers turned the shirts over to authorities, whether it was shortly after the abuse or more recently.At the bond hearing, Kelly's attorney, Steve Greenberg, said his client is not a flight risk. He told the judge, "Contrary to the song, Mr. Kelly doesn't like to fly." One of Kelly's best-known hits is "I Believe I Can Fly."Greenberg said Kelly "really doesn't have any more money," suggesting that others had mismanaged his wealth. Still, he said he expected that Kelly would be able to come up with enough money for bail.The judge called the allegations "disturbing." The singer-songwriter looked down at the floor as the judge spoke.After the hearing, Greenberg told reporters that Kelly did not force anyone to have sex."He's a rock star. He doesn't have to have nonconsensual sex," Greenberg said.The judge ordered Kelly to surrender his passport, ending his hopes of doing a tour of Europe in April. Kelly defiantly scheduled concerts in Germany and the Netherlands despite the cloud of legal issues looming over him. Greenberg denied that any tour was planned.The recording artist, whose legal name is Robert Kelly, has been trailed for decades by allegations that he violated underage girls and women and held some as virtual slaves. He was charged with 10 counts of aggravated sexual abuse.Kelly, who was acquitted of child pornography charges in 2008, has consistently denied any sexual misconduct. He broke into the R&B scene in 1993 with his first solo album, "12 Play," which produced such popular sex-themed songs as "Bump N' Grind" and "Your Body's Callin'."He rose from poverty on Chicago's South Side and has retained a sizable following. Kelly has written numerous hits for himself and other artists, including Celine Dion, Michael Jackson and Lady Gaga. His collaborators have included Jay-Z and Usher.The jury in 2008 acquitted Kelly of child pornography charges that centered on a graphic video that prosecutors said showed him having sex with a girl as young as 13. He and the young woman allegedly seen with him denied they were in the 27-minute video, even though the picture quality was good and witnesses testified it was them, and she did not take the stand. Kelly could have been sentenced to 15 years in prison.Charging Kelly now for actions that occurred in the same time frame as the allegations from the 2008 trial suggests the accusers are cooperating this time and willing to testify.Because the alleged victim 10 years ago denied that she was on the video and did not testify, the state's attorney's office had little recourse except to charge the lesser offense under Illinois law, child pornography, which required a lower standard of evidence.Each count of the new charges carries up to seven years in prison, and the sentences could be served consecutively, making it possible for him to receive up to 70 years. Probation is also an option.The walls began closing in on Kelly after the release of a BBC documentary about him last year and the multipart Lifetime documentary "Surviving R. Kelly," which aired last month. Together they detailed allegations that he held women against their will and ran a "sex cult."#MeToo activists and a social media movement using the hashtag #MuteRKelly calling on streaming services to drop Kelly's music and promoters not to book any more concerts. Protesters demonstrated outside Kelly's Chicago studio. 6010

CANON CITY, Colo. (AP) — A Colorado woman suspected of trying to sell three human fetuses from the 1920s and a fetal skeleton online has been indicted in California on charges of violating a U.S. law prohibiting the transfer of human fetal tissue.Emily Suzanne Cain, 38, pleaded not guilty to charges Tuesday, KUSA-TV reported .The case has been delayed until Nov. 20 in U.S. District Court in San Francisco, according to court records.The fetuses are believed to be from stillborn infants from the 1920s, court records said.Cain attempted in October 2018 to mail a package from Canon City in central Colorado to an address in the United Kingdom, according to a criminal complaint.The package, labeled "school teaching aids and T-shirts," caught the attention of U.S. Postal Service workers who noticed there was no signature on a customs form certifying the package did not contain dangerous contents, authorities said in the complaint.An X-ray of the package revealed a human-like shape, according to U.S. customs agents at the San Francisco International Airport cited in the complaint.Cain posted on Facebook that she acquired the fetuses from a university lab collection and was selling them for ,000, the complaint said.The specimens were traced to Creighton University in Omaha, Nebraska, the complaint said.University policy calls for specimens that are no longer needed to be cremated and not sold, university officials told investigators. The university is cooperating with authorities, a spokesperson said.Cain was first arrested in Fort Collins and released on a ,000 bond with a GPS monitor.A phone number for Cain could not immediately be located. 1674