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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) - Two teenagers were stopped in their tracks when they looked into a tree and found a creature looking back at them along a Carlsbad street.Two Fridays ago, around 10:30 a.m., a freshman college student did a double take while walking along Babilonia Street in the La Costa area. He called a friend, who drove right over. They made a quick recording."Omigod, look at him," one of the teens is heard whispering in the video.Perched in a tree, about 25 feet up, was a mountain lion, growling.The mother of one of the teens tells ABC 10News soon after they stopped recording, they looked up, and it was gone.Lauren DuBois of Project Wildlife at the San Diego Humane Society, says it's hard to tell the big cat whether the mountain lion was a juvenile or an adult. She says it's not surprising it was in a tree."Not unusual at all. They will climb trees, and rest in trees quite often," said DuBois.Dubois says it was likely relaxing after a long night."They can have up to 100 square miles of a territory. Most of time they are hunting from dusk to dawn, so a lot of the time, that’s where (tree) they will be resting," said DuBois.The concern? Less than half a mile away, is La Costa Meadows Elementary School, which began in-person learning in October.Neighbors tell us there have been sightings of a mountain lion in nearby Box Canyon for years. One of those neighbors did file a report of the most recent sighting with state Fish and Wildlife officials.DuBois say this big cat wasn't being aggressive. What about the growl?"Hey, I’m up here. Don’t want you to be there. I'm going to take off now," said Dubois.She says if you ever do spy a mountain lion in a tree, slowly back away and maintain eye contact."It's probably going to just leave. If it does come after you, make yourself large and make noise," said Dubois.ABC 10News reached out to the elementary school and Fish and Wildlife officials, and are waiting to hear back. 1962

CHARLESTON, S.C. -- Ocean views, seafood and southern hospitality are what travelers can expect when visiting Charleston, South Carolina.“Charleston is a tourist destination," restaurant owner Eli Hyman said. "I think it’s one of the most beautiful cities in the world.”Multiple publications, including Conde Nast Traveler, have ranked it as the number one small city to visit in the U.S. Seventh generation Charlestonian Michael Trouche is an expert on tourism in the city. He’s the owner of Charleston Footprint Walking Tours.“We are unique to America," Trouche said. "We have so many things here that are appealing. We’ve got this magnificent, beautiful, well-preserved city in this large contiguous area of about four-square miles, this wonderful climate with all kinds of blooming gardens and trees. You’ve got Charleston right on the waterfront, right on the Atlantic Ocean… and of course... a great southern hospitality. Charleston has always been known as being a very friendly city, so people just love it. People keep coming here and they keep coming back.”However, the past eight months and counting have been a nightmare for business and restaurant owners like Eli Hyman of Hyman’s Seafood.“It’s kind of spooky quiet... it’s eerie," Hyman said. "Because normally these streets would be bustling in the fall. It’s beautiful weather.”Like most places across the country, the COVID-19 pandemic has hit the city hard. Robert Smith is the owner of a local marketing company called The Chart Group.“It almost was like overnight," Smith said. "First we heard about this virus overseas, and next thing you know we’re shutting our city down.”Considering the Chart Group offers video production and content creation for Charleston businesses, Smith depends on a thriving tourism industry. As everything shut down, his clients could no longer pay for his services. He too had to furlough employees.“Tourism within the last 30 or 40 years has become a major component," Trouche said. "It’s multi-millions of dollars in revenue for the city and for businesses and so it is a big player economically in Charleston.”Some businesses have closed forever and those that have survived had to let go of staff.“We had a staff of close to 200," Hyman said. "We’re down to about 130. We have a significant amount of them – about 40 or 45 – that have been with me for 15 years, so I have no choice but to keep my doors open. I’m going to do it for them.”Walking tours around the city only takes one person and Trouche says even that has been a struggle.“I typically give six day’s worth of tours and many times twice a day. I’ve gotten to the point where I may be giving two or three tours in an entire week.”Thankfully, there is hope. Business owners say tourism dollars are coming back as restrictions have been lifted and people are feeling more comfortable leaving home, especially on weekends. According to Erin Francis-Cummings, the president and CEO of Destination Analysts, research confirms that’s likely true.“Just last week when we surveyed American travelers, one in five said they felt like people in their personal networks were traveling more. They feel like they’ve observed that,” Francis-Cummings said.As we learn more about the virus and what can best protect us, Francis-Cummings says more people are feeling safe about traveling. However, if tourism businesses want to do well, she says they need to show that they care about the safety of their customers.“If they have the protocols in place and people feel safe, they will get business.”Francis-Cummings predicts there will be even more travelers once we have a vaccine. In the meantime, Robert says many are eager for another stimulus package from the government.“Helping these businesses through the pandemic and getting back on their feet in our opinion is the most important thing,” Smith said.Taking it day by day, business owners say they pray they’ll come out of this strong.“With God’s good grace we’ll get out of this soon," Hyman said. "Come to Charleston and come to visit.” 4054
CARMEL VALLEY (KGTV) - A man threatened to shoot a clerk at the Everbowl in Carmel Valley and ran away with cash on Saturday night, San Diego Police said.According to police, an armed man entered the restaurant shortly before 6 p.m. and demanded cash. The clerk gave him an unknown amount of money, and the suspect ran away.The suspect was last seen running through the parking lot. He is described as a white man, 30 to 40 years old, about 5' 11" tall with a medium build. He was unshaven and wearing a blue hooded jacket, dark beanie and jeans.Anyone with information is asked to call San Diego Police. 617
Burger King is serving up the Whopper in a whole new way.On Thursday, the fast-food chain announced that its famous burger would be served with “no colors, flavors, or preservatives from artificial sources.” 215
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