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CARLSBAD (CNS) -- A state appellate court panel reversed the molestation conviction Friday for a former Carlsbad military boarding school administrator who was tried twice on allegations that he molested a cadet at the Army and Navy Academy.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 beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison for the conviction.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.The panel ruled Friday that Barton's trial may very well have concluded differently had the 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.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 those charges. 1908
Cal Ripken Jr. says he is cancer-free after surgery in March to remove a tumor from his prostate. On Thursday, the former All-Star revealed the news to reporters over a Zoom call. 187
CHICAGO, Ill. -- The IRS says it has issued more than 159 million stimulus payments in just over two months. About 0 billion has been dispersed via direct deposit, paper check and pre-paid debit cards. Yet, even today there are countless eligible Americans who say they’ve fallen through the cracks.In New York state, Hanna Brandow has no idea why she hasn’t gotten a stimulus payment.“My sister and I who both have not gotten the check yet. We did our taxes this year and got our returns already,” said Brandow. “So, it's very strange.”In California, Alexis Lopez is also in limbo.“For most people, it was like 'this person got it, this person got it,' said Lopez. "I was like, ‘well maybe there's some delay with mine.’ No big deal.”And in Ohio, Karen Melroy is also stuck in in stimulus purgatory.“I received my refund by a direct deposit,” said Melroy. “So, there's no reason I can think of why I shouldn't have received one.”All of them say they get the same message when checking on the IRS website.“I normally add a few more expletives to mine when I see it, but it's something to the effect of payment status not available,” said Melroy.It turns out they’re not alone. Those four words: "payment status not available" are exasperating countless Americans who appear otherwise eligible for payments but have not been paid and can’t get answers as to why.“The IRS obviously was very rushed and even when the government takes a year and a half to do a computer system, there are problems with it,” said Robert Probasco, director of the tax clinic at Texas A&M University.In May the IRS added 3,500 telephone representatives to help with problems, but most can only provide general information.“I found this like nine-step guide of how to get a human on the phone at the IRS. I did it twice and hit a dead end,” said Brandow.Because IRS offices remain closed due to the pandemic, the agency tells us that call center agents are working from home. That means they don’t have access to secure personal information specific to each case.“This was designed poorly obviously because it doesn't tell you which of those things happen and if it is a glitch, it doesn't tell you what kind of a glitch,” said Probasco.The IRS is doing a phased reopening at key processing sites and call centers.The IRS tells us some employees have returned to work in Kentucky, Texas and Utah. They say they will follow state and local guidelines as employees return to work in Georgia, Tennessee, Missouri, Michigan and by the end of June in Indiana, Ohio, California, Oregon and Puerto RicoBut if you can’t get your payment issue resolved by the end of the year, you may have to claim your unpaid stimulus assistance on next year’s tax return as a credit.“That doesn't help me today,” said Melroy.That's a sentiment many like Alexis Lopez share as they struggle to rebound financially from the pandemic.“You're left in limbo wondering, 'am I ever going to get this stimulus check that most Americans received?' And I'm in the minority that has not and there's no answers,” she said.The agency says for case-specific information ,the appropriate number to call remains 800-829-1040. Otherwise, you could call your local IRS office and even set up a face-to-face meeting once they reopen. 3281
CAMPO, Calif. (KGTV) -- Crews were able to stop the forward rate of spread after a fast-moving brush fire sparked in Campo Sunday afternoon. According to the agency, the fire started around 1:30 p.m. in the area of I-8 and Old Highway 80. Cal Fire originally said the blaze had a rapid rate of spread with structures threatened. Crews later said the forward rate of spread had been stopped at 1.5 acres. "Ground resources remain at scene to mop-up and construct containment lines," the ageny said. .@CALFIRESANDIEGO and cooperators are at scene of a 1 acre vegetation fire in the area of I-8 and Old Hwy 80 in Campo. First in resources report a rapid rate of spread with structures threatened.#CrestwoodIC pic.twitter.com/RxNEOQXsYW— CAL FIRE/SAN DIEGO COUNTY FIRE (@CALFIRESANDIEGO) July 14, 2019 806
California fire officials released video on Wednesday of a July 26 incident where a fire of tornado the width of three football fields churned near Redding, killing a firefighter trying to evacuate residents in the path of the Carr Fire.According to the Sacramento Bee, the fire tornado was the equivalent of an EF-3 tornado, with winds of nearly 165 MPH. Winds from an EF-3 tornado would be enough to level well-constructed buildings. Add on the fact that the temperature of the tornado was 2,700 degrees, and the danger firefighters faced was extreme. Jeremy Stoke, 37, was killed by the massive fire tornado. Stoke was a fire inspector, who was in his pickup truck at the time of the incident. 719