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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

CHANDLER, AZ — The Arizona Attorney General’s Office says Mikal Lee Smith, the son of ex-NFL coach and current head of the University of Illinois football program Lovie Smith, has been indicted after a Chandler police investigation accusing him of running a prostitution ring.According to a release, between December 2018 and September 2019, Mikal Smith and Aprel Mae Rasmussen operated and maintained an illegal prostitution enterprise.In one instance, Mikal Smith and Rasmussen allegedly induced and encouraged an adult female victim to “engage in acts of prostitution for over two months.”Mikal Smith reportedly used surveillance and threats of retaliation to keep the victim under his control.It’s unclear how many other victims, if any, were involved. The Chandler police did not immediately respond to a request for comment.Mikal Smith has been indicted on charges of conspiracy, illegally conducting an enterprise, money laundering in the first degree, pandering, receiving earnings of a prostitute, sex trafficking, and threatening or intimidating.His co-defendant, Aprel Rasmussen, was indicted on charges of conspiracy, illegally conducting an enterprise, money laundering in the first degree, and pandering.Mikal Smith played football for the University of Arizona and was an assistant coach in the NFL for the Chicago Bears, Dallas Cowboys, and Tampa Bay Buccaneers for several years.This story was originally published by Clayton Klapper on KNXV in Phoenix. 1478

Cardi B and her sister Hennessy Carolina are facing a defamation lawsuit after the rapper posted a video on social media accusing a group of Long Island beachgoers of being racists.The video was taken on Sept. 6 at Smith Point Beach in Suffolk County, according to the plaintiffs' attorney. It shows Carolina and her girlfriend, Michelle Diaz, involved in an expletive-filled spat with three people who are supporters of President Donald Trump.Cardi B shared the video with her massive social media following and accused the group of being racists who attacked her sister and Diaz.Now, the people on the other end of the video are suing the rapper for defamation, claiming Cardi and company attacked them.Attorney John Ray, who represents the plaintiffs, said his clients were enjoying a beach day with their families when Carolina came running up the beach toward them.“Hennessy Carolina suddenly approached them, raging, spitting, insulting, assaulting, defaming and threatening them, all the while videotaping them, because one of them wore a MAGA hat,” Ray said in a statement. “Then Hennessy, Cardi B and celebrity model Michelle Diaz deviously edited the videotape and published the edited version all over social media, across the world for all to see, and maliciously falsely labeled these residents and their families as ‘N…s’ and as racists.”The video was posted by Cardi B several weeks ago during a heated social media war between the rapper and conservative media personality Candice Owens.In the caption she posted along with the video, Cardi B said her sister and Diaz were being harassed because they are “an Afro/Hispanic gay couple.”However, the beachgoers painted a different picture of the incident during a news conference Tuesday detailing the lawsuit.Peter and Pauline Caliendo, of Moriches, and Manuel Alarcon, of Middle Island, said Carolina got in their faces, cursed and threatened them repeatedly after they asked Diaz to move a vehicle that was blocking other cars.Peter Caliendo and Alarcon said the video affected their careers, and Pauline Caliendo said she has had to defend herself to her family and friends.While the Caliendos had a Trump flag on their beach tent and Alarcon had a Make America Great Again hat on, all three insisted they are not racist or homophobic and that the incident had nothing to do with the president or race.“Anyone who knows us knows we’re not racist or homophobes,” Peter Caliendo said.Police were called to the scene, according to Ray, but the women had left before officers arrived on the scene. A police report was filed, Alarcon said.The lawsuit alleges that the video was created and posted online in an attempt to advance their careers. Ray cited a civil rights law that prohibits the use of a person's image for commercial purposes without written permission."What they have done, they went to this beach where they never go, they went there to create a scene...to create a commercial profit. To make money," Ray said. "They've published it everywhere, advancing their careers."Ray said they are seeking million in damages collectively for all three plaintiffs as well as a percentage of the value of the video that Cardi B posted. The lawsuit also includes civil charges of assault and battery.Cardi B’s attorneys have not yet responded to the lawsuit.This story was originally published by Vanessa Freeman and Lauren Cook at WPIX. 3415

CANON CITY, Colo. (AP) — A Colorado woman suspected of trying to sell three human fetuses from the 1920s and a fetal skeleton online has been indicted in California on charges of violating a U.S. law prohibiting the transfer of human fetal tissue.Emily Suzanne Cain, 38, pleaded not guilty to charges Tuesday, KUSA-TV reported .The case has been delayed until Nov. 20 in U.S. District Court in San Francisco, according to court records.The fetuses are believed to be from stillborn infants from the 1920s, court records said.Cain attempted in October 2018 to mail a package from Canon City in central Colorado to an address in the United Kingdom, according to a criminal complaint.The package, labeled "school teaching aids and T-shirts," caught the attention of U.S. Postal Service workers who noticed there was no signature on a customs form certifying the package did not contain dangerous contents, authorities said in the complaint.An X-ray of the package revealed a human-like shape, according to U.S. customs agents at the San Francisco International Airport cited in the complaint.Cain posted on Facebook that she acquired the fetuses from a university lab collection and was selling them for ,000, the complaint said.The specimens were traced to Creighton University in Omaha, Nebraska, the complaint said.University policy calls for specimens that are no longer needed to be cremated and not sold, university officials told investigators. The university is cooperating with authorities, a spokesperson said.Cain was first arrested in Fort Collins and released on a ,000 bond with a GPS monitor.A phone number for Cain could not immediately be located. 1674

CHICAGO — Brown paper covered the windows of Ed Burke's office at Chicago City Hall on Thursday after federal agents showed up there.Burke, who is the City Council Finance Committee chairman in Chicago, once served as President Donald Trump's property tax attorney, the Chicago Sun-Times reports.Klafter & Burke, his firm, has often sought to reduce the property taxes Trump Tower and other commercial properties have to pay.The visit from federal agents was unannounced, and it has not been said why they might be there. Upon their arrival, everyone in the office was asked to leave, witnesses told WLS television station in Chicago.Burke has served on Chicago's city council since 1969. 700

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