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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
CARLSBAD, Calif. (KGTV) — Carlsbad's planned food hall is adding to its already varied lineup of restaurants, and getting a clearer opening date.Carlsbad's Windmill Food Hall is now set to open in late September along Interstate 5 as North County's first food hall.While new additions are still being sought to round out the current slate of offerings, two new eateries have been added: Belgium Delights, a liège waffles spot, and Notorious Burgers, which will serve up gourmet sliders.RELATED: Piazza della Famiglia public square opens next to Little Italy Food HallOther restaurants already announced include: 644

Charges have been dropped against the man accused of criminal homicide in the Opry Mills shooting.Chaos ensued when 22-year-old Justin Golson?shot at?22-year-old?Demarco Churchwell, who was taken to Skyline Medical Center in critical condition where he later died.Immediately after the shooting, Golson ran from the mall to a ticketing booth outside, placed his gun on the counter, and told the people inside to call 911. He told detectives he acted in self-defense after being threatened over social media by the victim and his friends.The mall was evacuated as police secured the area and investigated the incident.Court records show Golson's charge of criminal homicide was dismissed on Monday, July 30. 729
CAPE CANAVERAL, Fla. (AP) — SpaceX's sleek, new crew capsule arrived at the International Space Station on Sunday, acing its second milestone in just over a day.No one was aboard the Dragon capsule launched Saturday on its first test flight, only an instrumented dummy. But that quickly changed once the hatch swung open and the space station astronauts floated inside."A new generation of space flight starts now with the arrival of @SpaceX's Crew Dragon to the @Space_Station," NASA Administrator Jim Bridenstine tweeted. "Congratulations to all for this historic achievement getting us closer to flying American Astronauts on American rockets."This beefed-up, redesigned Dragon is the first American-made, designed-for-crew spacecraft to pull up to the station in eight years. The next one coming up will have its own two-man crew.The space station's three astronauts had front-row seats as the white 27-foot-long (8-meter-long) capsule neatly docked, a little early no less. TV cameras on Dragon as well as the station provided stunning views of one another throughout the rendezvous.Just two hours after the Dragon's grand entrance, the station crew entered to take air samples. The astronauts wore oxygen masks and hoods until getting the all-clear.If the six-day demo goes well, SpaceX could launch two astronauts this summer under NASA's commercial crew program. Both astronauts — Doug Hurley and Bob Behnken — were at SpaceX Mission Control in Southern California, observing all the action. They rushed there from Florida after watching the Dragon rocket into orbit early Saturday from NASA's Kennedy Space Center."Just super excited to see it," Behnken said minutes after the link-up. "Just one more milestone that gets us ready for our flight coming up here."While SpaceX has sent plenty of cargo Dragons to the space station, crew Dragon is a different beast. It docked autonomously under the station astronauts' watchful eyes, instead of relying on the station's robot arm for berthing. The capsule's nose cap was wide open like a dragon's mouth, to expose the docking mechanism.Behnken said that's the way it should work when he and Hurley are on board; they may push a button or two and will have the ability to intervene, if necessary.As part of Sunday's shakedown, the station astronauts sent commands for the Dragon to retreat and then move forward again, before the capsule closed in for good.SpaceX employees at company headquarters in Hawthorne, California, cheered and applauded as crew Dragon pulled up and docked at the orbiting lab, nearly 260 miles (400 kilometers) above the Pacific, north of New Zealand. They burst into applause again, several minutes later, when the Dragon's latches were tightly secured.The capsule's lone passenger for launch — a mannequin wearing a white SpaceX spacesuit — remained strapped into its seat as the station's U.S., Canadian and Russian crew removed supplies and photographed the spotless white interior. The test dummy — or Smarty as SpaceX likes to call it, given all the instrumentation — is named Ripley after the lead character in the science-fiction "Alien" films.Dragon will remain at the space station until Friday, when it undocks and aims for a splashdown in the Atlantic, a couple hundred miles off the Florida coast.Like Ripley, the capsule is rigged with sensors to measure noise, vibration and stresses, and to monitor the life-support, propulsion and other critical systems throughout the flight.SpaceX aims to launch Behnken and Hurley as early as July.Next up, though, should be Boeing, NASA's other commercial crew provider. Boeing is looking to launch its Starliner capsule without a crew as early as April and with a crew possibly in August.NASA is paying the two private companies billion to build and operate the capsules for ferrying astronauts to and from the space station. Astronauts have been stuck riding Russian rockets ever since NASA's space shuttle program ended in 2011. Russian Soyuz seats go for up to million apiece. 4030
CARLSBAD, Calif. (KGTV) - A new law, passed unanimously by the Carlsbad City Council, will allow any place with a license to serve food and alcohol to also host live entertainment.Previously, only places that served primarily food were allowed to have live music or shows."What we’re looking at is more of the solo artist, the pianist, more of the acoustic music that we’re seeing a trend in the rise all over," says City Village Manager Claudia Huerta.The city hadn't updated its live entertainment rules since 2017. Huerta says business owners had requested the change to keep pace with other similar coastal cities. Now, they can apply for a permit to have live entertainment, including music, DJs or other performers like hypnotists and comedians."The village is a special place," says Zac Markham, who owns Humble Olive Oils on State Street. "I really think this will raise bar of the village and make it a place to be for Carlsbad and all of our county."Not everyone is excited about the change. Some neighbors worry that more music will lead to more people and more problems, especially late at night."The whole purpose of that is to get more business, right? I understand, that’s a valid business reason," says Carlsbad Barrio resident Simon Angel. "But is it appropriate for the communities that are going to be impacted by it? We already have people walking through at night. Sometimes they stop and relieve themselves or they get sick in people's front yards."Huerta says the city is working to make sure that doesn't happen. Every application for an entertainment permit will be reviewed by the police. And the City Council will revisit the program after 6 months to make sure it hasn't created any problems.The new ordinance goes into effect in April. However, Huerta says the Village still has to adapt its master plan before the change can take effect. That may not happen until the fall. 1911
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