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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
Central Illinois is coping with damages and injuries after a blitz of tornadoes Saturday, when 22 twisters were reported to the National Weather Service.Hardest hit was the town of Taylorviille, southeast of Springfield, where storm winds wrecked houses, downed power lines, pulled trees up by the roots, and left an unknown number of people injured.It "feels like I woke up to a nightmare," one man in Taylorville, who has lived there since the 1960s, told CNN affiliate WCIA.Taylorville Fire Department Chief Mike Crews said at a press conference no one was killed, and he couldn't comment on the number of injured."There were several people who were initially trapped in their homes due to damage initially but were rescued," Crews said. 748
By mid-afternoon on Wednesday, some of the streets of Louisville were filled with demonstrators upset by a Kentucky grand jury decision not to charge two of the officers involved in fatally shooting Breonna Taylor in her home in March.On Monday, the city was placed in a state of emergency with the expectation that protesters and law enforcement would clash. Many downtown businesses were boarded up and police officers were called back from vacations.As of 9 p.m. ET, the city went under a mandatory curfew.Thirty minutes before the curfew order went into effect, two Louisville officers were shot amid the protests. The officers were hospitalized but expected to survive, Louisville Metro Police said.Brett Hankison was the only officer charged among those who participated in the raid on the apartment where Taylor lived. Hankison’s charges, however, were not directly in response to Taylor’s shooting. He was charged with wanton endangerment for firing gun shots at other apartments.Two other officers, Jon Mattingly and Myles Cosgrove, are not facing charges. Kentucky Attorney General Daniel Cameron considered their use of force justified.Hankison, Mattingly and Cosgrove returned fire during the raid after Taylor's boyfriend Kenneth Walker fired at the officers. Walker was arrested but had his charges dropped due to the belief that the officers were breaking into the apartment.Ben Crump, a civil rights attorney representing the Taylor family, called the lack of charges “outrageous and offensive.”“This is outrageous and offensive to Breonna Taylor’s memory. It’s yet another example of no accountability for the genocide of persons of color by white police officers. With all we know about Breonna Taylor’s killing, how could a fair and just system result in today’s decision? Her killing was criminal on so many level," Crump said.The NAACP called Taylor’s death “murder.”“The injustice we’re witnessing at this moment can be sensed throughout the nation. Kentucky’s Attorney General Daniel Cameron’s failure to bring substantial charges against the officers who murdered Breonna Taylor causes angst and pain for far too many Americans still reeling from a pandemic,” the NAACP said in a statement. “The charges of wanton endangerment in connection with the murder of Breonna Taylor does not go far enough and is a miscarriage of justice for her family and the people of Louisville. Atrocities committed against the people of this country by the authorities cannot and should not go unanswered when miscalculations are made. The continuous and blatant failure of a system sworn to protect the very citizens it endangers is all too telling of its efficiency and viability.”While some protesters demonstrated peacefully, others have ignored calls for peace.Raw video from the protests in Louisville showed a small group of protesters fighting with officers. Several of the demonstrators were detained. 2923
Charles Lazarus, who founded Toys "R" Us 70 years ago, died Monday, a week after the company announced it will be forced to shut down its U.S. operations.Lazarus, 94, no longer had any ownership position in the chain. He started the company as a 25-year old in 1948, anticipating that the post-war baby boom would create demand for baby supplies and toys. He stayed on as CEO until 1994.The-CNN-Wire 407
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