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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

OCEANSIDE, Calif. (KGTV) -- In a 5-2 vote Tuesday night, the Tri-City Medical Center's board of directors voted to suspend, indefinitely, care in its inpatient behavioral health unit. The Tri-City Healthcare District has operated a Behavioral Health Unit (BHU) for a number of years and a Crisis Stabilization Unit (CSU) since 2016. The CSU is already closed. According to an administrative staff report, the BHU averages roughly 12 patients per day.The unit provides critical care to a vulnerable population those who are suicidal or suffering from severe mental illness, but the board says keeping it open without making the required building changes could put those patients at greater risk. Tuesday night the Tri-City Healthcare District cited changes in federal regulations as one of the main reasons they will need to suspend services. Those regulations require hospitals to remove all "ligature" risks from rooms - or features that patients could use to hang themselves. The board said that the hospital's "drop" ceilings do not meet the requirements. At least one estimate put the cost to replace the ceilings at million dollars.Upgrading the ceilings is one item on a list of costly projects, a spokesperson for Tri-City Medical Center told 10News.  The overall renovation project will cost .5 million, which include updates to the HVAC system and making other upgrades to the facility to meet current ADA requirements.The board also says there's a shortage of psychiatrists and a budget shortfall in that ward of roughly million. The COO says the move protects the entire hospital from possibly having to close."That is a reason, that is one of the issues that we are facing, lack of psychiatric care for those patients," said Hospital COO Scott Livingstone. "The patients made our argument for us," said Livingstone referring to a patient recently saying she waited 48 hours to be seen.Livingstone went on to say, "You're concerned about a 45 minute drive for a mental health crisis, try a 45 minute drive if you're actively having a stroke and your brain is dying."As the energy in the room grew tense, the board reminded the public that suspending the unit gives the hospital the option to re-open it if a solution is found.The suspension, which could last up to one year, means that any North County residents or "5150 transports"  will be sent to hospitals much farther away. Police and sheriff's deputies say the added time it will take to transport "5150 transports" - or psychiatric patients - to Palomar Hospital in Escondido or San Diego County Mental Health will impact every neighborhood. "With the closure of your facility that will increase probably three to five hours, that's an officer off the street in your city- do you want that?" said La Mesa Police Captain Ray Sweeney.Captain Sweeny told the board roughly one in five adults experiences mental illness each year.A man who battles severe mental illness told the board that the psych unit at Tri-City has saved him countless times. "When I get to the hospital everything changes," he said. "From the moment the first nurse touches my arm, I feel like I'm being touched by an angel."  Some doctors spoke in favor of the move; saying the entire staff supports the decision to suspend the psych ward, but increase outpatient services.The unit is scheduled to close on October 2, 2018. 3558

Now we know the explosions could strike anyone.The latest bombing in the Texas capital was detonated by a tripwire along a residential street, police say.The Sunday night blast was the fourth explosion in less than a month to terrify the nearly 1 million residents of Austin.Here's what we know about the Austin bombings, and the questions that remain unanswered: 376

NYE COUNTY, Nevada — Famed Love Ranch brother owner and GOP Assembly candidate Dennis Hof has died.The Nye County Sheriff's Office confirmed Hof's death Tuesday morning at the Love Ranch in Crystal, outside of Pahrump. Detectives and deputies are currently on scene and conducting an investigation into his death. Hof was 72 years old. His cause of death is unknown at this time.  Hof's campaign manager Chuck Muth first tweeted about his death.  489

On November 5, 2017, the country witnessed another mass shooting — this time inside a small church. Twenty-six people were killed after a gunman entered First Baptist Church in Sutherland Springs, Texas and opened fire on the congregation.The incident is one of several shootings in America that have involved multiple victims — just more than a month ago, a man in Las Vegas took the lives of nearly 60 people who were attending a music festival there. Hundreds more were injured.PHOTOS: Mass shootings in America 542