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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

Ohio State announced that it has canceled its Saturday matchup against Illinois after head coach Ryan Day tested positive for the coronavirus, OSU announced on Friday. Day is the second head coach of a Top 5 team to come down with the virus in recent days.Ohio State confirmed that there has been an increase in the number of coronavirus cases in the athletics program, but declined to say how many have tested positive. Ohio State was slated to leave Columbus on Friday, but after Day and other unnamed members of the team tested positive for COVID-19, the team conducted more testing with the hopes of traveling to Illinois on Saturday hours before kickoff. Earlier this week, Alabama head coach Nick Saban announced he tested positive for the coronavirus, and would not be in attendance for the No. 1-ranked Crimson Tide’s contest against Auburn.The Big Ten requires that coaches isolate for 10 days following a positive coronavirus test. It’s unclear exactly when he tested positive. After tomorrow’s matchup at Illinois, Ohio State plays Michigan State on Dec. 5.The coronavirus has played havoc on the college football schedule in recent weeks.One other Big Ten matchup has already been canceled this week, a contest between Minnesota and Wisconsin. Saturday’s game is the third Wisconsin game canceled this season.Ohio State had a matchup wiped out two weeks ago against Maryland.“We have continued to experience an increase in positive tests over the course of this week,” Smith said. “The health, safety and well-being of our student-athlete is our main concern, and our decisions on their welfare will continue to be guided by our medical staff.” 1665

On World Autism Awareness Day, Monday, April 2, Pennsylvania theme park Sesame Place announced that it was the first theme park in the world to complete training to become a Certified Autism Center (CAC). The park's certification was granted by the International Board of Credentialing and Continuing Education Standards (IBCCES). IBCCES says that Sesame Place is "the first theme park in the world to receive such a distinction."Sesame Place is located at 100 Sesame Road in Langhorne, Pennsylvania. The park features rides, shows, parades, and full size characters and opens for the season on April 28 at 10:00 a.m.The Sesame team members were trained in sensory awareness, motor skills, autism overview, program development, social skills, communication, environment, and emotional awareness, so that staff members can cater to all guests who visit the park.One of the most helpful outcomes of this certification is the IBCCES?Sensory Guide, which breaks down each of the rides' stimuli. This guide grades the rides in terms of touch, taste, sound, smell, and sight stimulation. The senses are scored from 1, which is a low stimulation, to 10, which is a high stimulation.The park has quiet rooms for guests needing to recover from sensory stimulation from the rides. They also have noise-canceling headphones, or WhispEars, on a first come, first served basis for guests with hearing sensitivity. The park has special areas people can go to and still enjoy parades, without being overwhelmed with direct character interaction. Guests can also take pictures with Julia, a Sesame Street character with autism. Additional resources include Autism Travel, which can help parents explore travel options, and a workshop called See Amazing in All Children, which offers tips to simplify daily life and grow support in the community.Sesame Place has many more options to accommodate with guests needs. Click HERE to learn more.The park's website states, "It is our goal to provide every family with an enjoyable and memorable visit to Sesame Place, and we are proud to offer specialized services to guests with autism and other special needs." 2172

Once again, nature has dealt a deadly blow to Haiti.At least 12 people were killed and 188 were wounded after a magnitude 5.9 earthquake struck northern Haiti on Saturday night, the country's interior ministry said Sunday.On Sunday, President Jovenel Mo?se visited the coastal city of Port-de-Paix, just 11 miles (18 kilometers) from the quake's epicenter."I will make sure the proper state systems are fully mobilized to help the victims," Mo?se tweeted.Haiti, the poorest country in the Western Hemisphere, is still recovering from the catastrophic 2010 earthquake that killed at least 220,000 people and destroyed much of the capital city. 650

OCEANSIDE, Calif. (KGTV) -- Oceanside Police are searching for a suspect following an alleged attempted abduction in Oceanside Wednesday morning. According to police, a 5th grade female student at Laurel Elementary School was walking down San Diego Street near Lemon Street around 8:30 a.m. when she noticed a man standing near a dark SUV. As she walked closer, the young girl says the man opened the passenger side door and grabbed her by the arm. The girl reportedly pulled away, kicking the suspect before running to school. Police described the man as white, bald and heavy set in his 30s with a black beard. He was seen wearing a black jacket, light blue shirt and black pants. Anyone with information is asked to call Oceanside Police Detective Ferrer at 760-435-4667. 783

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