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OCEANSIDE, Calif. (KGTV) — Defense attorneys for 15 Marines accused of human smuggling said they hope the judge dismisses the case.The attorneys argued that the Commander illegally used his power to discipline the Marines publicly, and therefore influenced the outcome of the case.It was a very public display of discipline.Fifteen Camp Pendleton Marines were cuffed and taken away by NCIS agents in front of an 800-person battalion formation in July. They were accused of human smuggling and conspiracy.But now, attorneys representing a few of the accused Marines said the public arrests violated their rights. Now, they are filing what's called an "undue command influence" motion against the Battalion Commander who led the formation."Anytime you have a Commander who is in a position of leadership who potentially affects a subordinate's rights to a fair trial, that can be viewed as potential 'undue command influence,'" military attorney Gary Barthel explained. "This motion for 'undue command influence' was made against the Battalion Commander for making comments and parading the 15 individuals out for what was supposed to be a recognition, and they were ultimately arrested." Barthel is a former legal advisor to Camp Pendleton's Commanding General. He said a Commanding Officer's job is to maintain good order and discipline their command. But in military law, they also wear the prosecutor and jury selector hats."Those two hats can clash," Barthel said. "That's why it's important for Commanding Officers to be careful what they say with regard to their views of the military justice system, or their views of a particular individual who has been accused of an offense."The defense team said the Commander used his power to influence the outcome of the case unfairly. But Barthel said in his experience with 'undue command influence' cases, he believes the military has likely already taken the Commander in question off the case."You can take the individual that allegedly made the statements involved out of the process, and that keeps the process fair and impartial," Barthel said. "I'm not sure that this is going to be a successful motion for 'undue command influence.'"The Marine Corps responded to a 10News inquiry regarding a video of the public arrests. They said: 2295

OCEANSIDE, Calif. (KGTV) — The pandemic is creating a serious budget crunch for the volunteer non-profit organizations that provide key funding and support city libraries across San Diego County.Gail Wells of the Friends of Oceanside Library says fundraising efforts have almost completely dried up. “We make ,000 a year on book sales. And we make ,000 on Farmer’s Market sales. We’ve lost that. We can’t have any book sales," says Wells.Other fundraisers have had to be canceled, as well. Wells says they have tried to get creative, including selling used books on Amazon and offering drive-through boxed book sales, where for , people can buy a box of books in a particular genre without knowing precisely what books they will receive. “A lot of people will say I don’t need a box of books. And we’ll say all you need to to get one book you like and it pays for your box of books. Sometimes it works," Wells said.The fundraising woes come at the worst possible time for Friends of the Oceanside Public Library because they are about to lose their office/sorting room. That’s because the city is tearing down the building to make way for a new fire station. Thus far, with their resources drastically slashed, the group has been unable to find a new space.“We’re doing the best we can,” Wells said.The Friends of the Oceanside Library has launched a GoFundMe campaign to try to raise ,000. 1408

OLATHE, Kan. — Court documents released Monday say a Johnson County, Kansas mom was nearly successful in killing at least two of her children last month.Therese Roever faces three counts of attempted capital murder for allegedly drugging her three children on February 19.It wasn’t until her ex-husband arrived to pick up the kids that anyone knew something was wrong.Court documents indicate the ex-husband tried to get into the house for more than an hour but Roever did not open the door or answer the phone.When Roever finally let the ex-husband inside, he found his ex-wife “drugged and groggy.”First responders arrived to find the couple’s 7-year-old daughter on a bed not responding. Their 5-year-old initially got up from the bed but then stumbled to the ground. A third child, 7, was found in the bathroom crying.While the kids were en-route to the hospital, paramedics used Narcan – a drug commonly used to reduce the symptoms of opioid overdose – on two of the kids.Doctors told investigators that had police not arrived when they did, two of the children would have died.Roever remains in the Johnson County Jail on a million bond. She’s scheduled to be back in court for a preliminary hearing on April 20. 1259

Olympic figure skater Adam Rippon has pulled out of a job as a correspondent for NBC at the Winter Games in South Korea.News broke earlier Sunday that Rippon, one of the first openly gay U.S. athletes to compete at the Olympics, was being hired to work on TV, digital and social media for NBC for the remainder of the Games in Pyeongchang.NBC tweeted out the news Sunday morning, welcoming the 28-year-old bronze medalist to its team.But Rippon said hours later that although he was "so flattered" by NBC's offer, he decided against the move because it would mean leaving his U.S. teammates and the Olympic Village."It's so important to me, you know, I worked so hard to be on this Olympic team, and my teammates and my friends were there for me during my events, and that meant so much to me, that I really feel like I need to be there for them during their events," he said on NBCSN.NBC's article online about Rippon becoming one of its correspondents now redirects readers to his Olympic profile page.Rippon later suggested he only learned about the network's plans to hire him from social media."I actually found everything out about the offer via twitter HAHA," he tweeted. "2018 is wild girl."Rippon, who won bronze in the team skating event, has become one of the highest-profile athletes at the Games.He made headlines for his criticisms of Vice President Mike Pence, and the politician's track record on LGBTQ issues. Rippon turned down a meeting with Pence, according to a USA Today report, and has said he will not visit the White House for a celebration.As governor of Indiana, Pence signed the state's Religious Freedom Restoration Act, which allowed businesses to refuse service to gay and lesbian customers. Pence later signed an amendment that prevented the law from discriminating against LGBTQ customers.Pence attended the Games in Pyeongchang and tweeted at Rippon saying that "we are FOR YOU. Don't let fake news distract you. I am proud of you and ALL OF OUR GREAT athletes and my only hope for you and all of #TeamUSA is to bring home the gold."After the Opening Ceremony at the Games, Rippon appeared in a photo posted to Instagram by slopestyle skier Gus Kenworthy. Kenworthy and Rippon are the first openly gay U.S. athletes to compete in the Games.The photo showed them hugging with the caption: "I feel incredibly honored to be here in Korea competing for the US and I'm so proud to be representing the LGBTQ community alongside this amazing guy! Eat your heart out, Pence."Rippon told reporters at a press conference in Pyeongchang, South Korea on Tuesday that he "can't tone it down. I'm being me and being myself."He added: "As an athlete I use this platform to my advantage. I think it's giving my skating a greater purpose."Rippon was an alternate for the 2010 Vancouver Olympics and didn't make the team for the 2014 Sochi Olympics.His rise to stardom during Pyeongchang has also been bolstered by his personality and social media presence. He's received tweets of support from the likes of Britney Spears, Reese Witherspoon and Jessica Chastain.NBC is known for hiring Olympians to add to its coverage. This year of the record 89 correspondents NBC has covering the Games, at least 18 are former Olympians. Some of the big names on NBC's roster are Johnny Weir, Tara Lipinski, Bode Miller, Kristi Yamaguchi and Apolo Ohno.  3370

OCEANSIDE, Calif. (KGTV) -- The Oceanside Police Department told residents not to panic after the department received several calls about a strong smell.According to authorities, the smell is outgassing from the ocean and is non-toxic.Ocean outgassing happens when the ocean releases gasses that were trapped or dissolved.A similar incident was reported in La Jolla earlier this year. At this time, it's unclear what is causing the outgassing.  457

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