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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

Businesses across the country that are taking part in the “Open to All” campaign are placing stickers on their store fronts to show customers they are inclusive.Voodoo Doughnuts in Colorado was one of the first businesses to take part in the initiative, and now, hundreds of others are signing up.The “Open to All” coalition, which includes over 1,200 businesses, believes no one should have to ever worry about whether they will be denied service.The campaign was sparked by an incident that happened at a Colorado cake shop back in 2012. The shop refused to bake a wedding cake for a same-sex couple because it didn't align with their religious beliefs. The case went all the way to the Supreme Court, where the ruling was in favor of the cake shop.Daniel Ramos with One Colorado, a non-profit organization for the LGBTQ community, says that ruling was a turning point."We know we have so much work to do to make sure people, regardless of their sexual orientation, regardless of their gender identity, have access to businesses that won't deny them, simply because who they are and who they love,” says Ramos.Ramos believes the “Open to All” campaign is good for all businesses. "Over the past number of years, we have seen businesses stand on the side of equality because they know equality means business,” Ramos says. “It’s good for them, for their companies, for their employees to feel safe, supported and welcome."A huge contributor for the movement is Yelp. When you open the app, it will tell you if a business is participating. Also, Lyft is another big company taking part.The coalition, along with One Colorado, believes that taking part in this movement, you are standing up for human rights. "Regardless of who you are or who you love, when you walk into a business, you should be served and that you are treated with dignity and respect," Ramos says. 1890

CARLSBAD, Calif. (KGTV) — NASA announced partnerships Tuesday, including one with Carlsbad business Vulcan Wireless, to advance Moon and Mars technology.Thirteen U.S. companies will work with NASA to fast-track "space technologies and help maintain American leadership in space." You may know the name Vulcan Wireless because their transceivers about the size of your hand are helping NASA map the universe. "Of course we're the communication link so the images that come in they get transmitted through our radio waves," Kevin Lynaugh, Founder of Vulcan Wireless, said.ASTERIA launched in 2017, "ASTERIA (Arcsecond Space Telescope Enabling Research in Astrophysics) is a technology demonstration and opportunistic science mission to conduct astrophysical measurements using a CubeSat." Basically the telescope uses light to map stars and planets.That was their biggest project to date. Now NASA hopes their partnership will help increase connectivity for deeper space missions."When you have a spacecraft floating out there, if you don't have a data link it's a brick right? So we provide the communications," Lynaugh explained it's similar to how your Wifi modem works at home.In Vulcan Wireless's Lab, you'll find the same technology NASA uses."When we close this thing down and we lock it we're able to pump all the air out of it so we can simulate space environment with this," Lynaugh said. They have a machine that simulates heat, extreme vibrations, a vacuum among other equipment.All this to ensure their equipment is prepared for space. The transceiver is equipped with rechargeable batteries, fueled by solar panels, and compact, making it ideal for NASA, military and commercial projects. Lynaugh launched Vulcan Wireless in 1993. His passion was instilled by his father throughout his youth. He still remembers how his dad built a TV in the living room like it was yesterday.The next step Lynaugh sees is increasing connectivity around the globe, a little closer to home, but still while using space technology. 2033

Catastrophic wildfires continue to ravage California, as one blaze nearly doubled in size over the last three days, making it the largest in the state's history.No one has been injured in the Mendocino Complex Fire, which consists of two fires -- the Ranch Fire and the River Fire -- burning around Clear Lake, in several counties in Northern California.Combined, they form the biggest blaze that California firefighters are currently battling. Altogether, the Mendocino Complex Fire has burned 283,800 acres -- growing about 80% since Friday night. As of Monday evening, it was 30% contained and had destroyed 75 residences.The Mendocino Complex Fire has now surpassed last year's Thomas Fire, which burned 281,893 acres in Ventura and Santa Barbara counties, as the largest fire in Cal Fire history. 819

CATALINA, Calif. (KGTV) - Teeth marks from a great white shark are proof of a San Diego kayaker's narrow brush with danger off the coast of Catalina Island. The incident happened as Danny McDaniel and Jon Chambers were kayaking Saturday morning near Ship Rock, about two miles east of Catalina. The excursion was part of a scuba diving trip coordinated by Power Scuba from the island's Boy Scouts camp."Felt push to the left, looked to right, giant great white shark a foot from my boot," said McDaniel. "His upper half of body was out of the water, his dorsal fin was out of the water."Chambers was the first to notice the 19-foot shark before McDaniel turned around."Look at it and said, 'oh crap, oh crap, oh crap'," said Chambers. "I yelled at him to hit it."The shark had its jaws clamped on the back of the nine-foot-long kayak, inches from McDaniel. "Saw a giant, triangular, conical-shaped head right there and a huge body. Just a massive body," said McDaniel.Both men said they were frozen in fear as the great white shark hung on to the kayak for four or five seconds. Eventually, the shark let go, leaving behind puncture wounds and two large teeth in the kayak. "I don't think he took a full chomp. I think he just took a nibble and pushed," said McDaniel.The kayakers kept their paddles out of the water and did not move for several moments lest the shark return. McDaniel was "literally frozen" during that time.Despite the close encounter, McDaniel and Chambers continued with their plan to scuba dive later Saturday evening."Won't keep me out of the water, won't scare me out of the water," McDaniel said of the encounter.McDaniel offered to buy the kayak from the Boy Scout camp, which turned down his offer, according to Power Scuba owner Bill Powers."I think I've had my fill of great white sharks; I'm good. But I'm fortunate to have this experience," said McDaniel."It's one for the books. Not something you want to replicate," said Chambers. "He had the best shark attack experience without it being a bad story." 2043