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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
CALEXICO, Calif. (KGTV) - Vice President Mike Pence toured the US-Mexico border in Southern California Monday, answering questions about the migrant caravan waiting to apply for asylum.Nearly 200 Border Patrol agents joined the Vice President at the Imperial station in Calexico.Pence said the migrant caravan’s attempt to seek asylum was a direct result of weak immigration laws and a “porous border.”He called on Congress to close what he described as immigration loopholes. Pence also asked for an end to the current catch-and-release policy, and a crackdown on sanctuary cities.“All of this cries out for action and thanks to the leadership to President Donald Trump, we are protecting the American people along our southern border and we are building a wall,” said Pence.Pence toured the construction site of the border fence renovation and received an update on the progress.“This new wall is roughly two or three times taller than the wall that was here today. It represents the kind of new border wall measures that we will be implementing,” he said.Critics said the project was identified as a priority in 2009, with the money getting approved last year. 1171
Chicago police announced at a Monday morning news conference that 66 people were shot, 12 of them fatally, between Friday at 6 p.m. and Sunday at 11:59 p.m.Chicago Police Superintendent Eddie T. Johnson said it was "no secret that we had an unacceptably violent weekend," at the news conference.In three hours beginning at 1:30 a.m. Sunday, records show, 30 people were shot and two killed in 10 incidents. In all, over the weekend, there were 33 shooting incidents. Fourteen juveniles were shot, and an 11- and 13-year-old were killed."The city of Chicago experienced a violent night," Bureau of Patrol Chief Fred Waller said Sunday afternoon. "Some of these instances were targeted and were related to gang conflicts in those areas."In at least one incident, shooters opened fire into a crowded street party, Waller said.Johnson said the issue stemmed from a small group of people such as repeat gun offenders."This isn't a widespread issue among citizens of this city. This is a small subset of individuals who think they can play by their own rules because they continue to get a slap on the wrist when we arrest them," Johnson said."I'm tired of it. Everybody in this city should be tired of it."Johnson said 46 people were arrested this weekend on gun charges, and 60 guns were seized as a result of ongoing investigations. However, he said there have been no arrests made in connection with any violence from this weekend.Experts say crime tends to pick up during the hot summer months, but Chicago Mayor Rahm Emanuel dismissed that."You can talk about the weather, but the weather didn't pull the trigger," he said. "You can talk about jobs, and they count, but in parts of the city where there aren't jobs, people did not pull the trigger."There are values. There are too many guns on the street, too many people with criminal records on the street, and there is a shortage of values about what is right and what is wrong," he added.Of the wounded who reported an age, the oldest was 62 and the youngest 11, police records show.Before the particularly violent Sunday, there were six shootings, none fatal, on Friday, and 15 shootings, one fatal, on Saturday. The Sunday shootings occurred between midnight and 2 p.m., records show.Chicago has struggled with high shooting and murder rates in recent years. Waller said shootings are down 30 percent from 2017, and murders are down 25 percent.June marked 15 straight months of fewer killings and shootings, police said. However, on June 25, at least 21 were shot and two died.Johnson said that both murders and shootings are down on the year, but said this weekend showed there was still a lot to do."Despite what we saw this weekend, I'm still pleased between CPD's work, the mayor's investments, and the work of our community members, that we're still reducing our gun violence this year," Johnson said. "But we still have a lot more work to do, and I think that was evidenced by this weekend." 2966
CASEY COUNTY, Kent. -- A man in Kentucky not only pulled over but got out of his vehicle to pay his respects while a funeral procession passed. The family was moved by the man's kindness and posted about it on social media and has since gone viral.Cecil Luster was a member of the U.S. Navy. His family celebrated his life yesterday in Casey County. Many drivers pulled over for the procession, led by the Patriot Guard of Kentucky. Cecil's grandson, Drew Richardson, says there was one driver, who was standing outside of his vehicle, who caught his family's attention."When my mom was talking about it afterward, there were tears welling up in her eyes, that someone actually showed respect for our family," Drew Richardson said.Standing with his hands crossed, it was a simple act of kindness that moved the entire family.Mark Meece says he didn't even think twice about getting out of his vehicle and he got the idea from a social media post."I've seen on Facebook where a soldier was standing outside in the rain, and I thought, you know, I need to start doing that to show respect. It was an inspiration to me," Meece said.The family shared the good deed on Facebook and it's been shared and commented on hundreds of times. Meece says the positivity of the social media post has encouraged him. "Every morning I always ask God, to put someone in my path that I can help or maybe even inspire or maybe they can inspire me and help me along the way," Meece said."We'd just like to thank him from the bottom of our hearts," Richardson said.This story was first reported by Jacqueline Nie at WLEX in Lexington, Kentucky. 1649
CHICAGO, Ill. – A new law in Illinois allows prosecutors to charge you with aggravated battery if you assault a retail worker who’s enforcing mask requirements.The enhancement is part of a bill that Gov. JB Pritzker signed into law to expand workplace protections and support essential workers during the COVID-19 pandemic.Senate Bill 471 adds a penalty for assaulting or battering a retail worker who is conveying public health guidance, such as requiring patrons to wear face-coverings or promoting social distancing.The bill amends Illinois’ criminal code and provides that battery of a merchant is aggravated battery, which is normally a felony in the state.“This provision sends the message that it’s vitally important for workers to be both respected and protected while serving on the frontlines,” the governor’s office wrote in a press release.The legislation comes after several reports of people attacking workers who ask them to wear masks, like a recent instance at a New Jersey Staples store.The law also increases paid disability leave for any injury that occurs after March 9, 2020 by 60 days for firefighters, law enforcement and paramedics whose recovery was hindered by COVID-19. 1205