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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

On Saturday, a gunman stormed the Tree of Life Synagogue, killing 11?people?in what the ADL called the deadliest attack ever on Jews in the United States.The horrific, hate-filled minutes were a raw manifestation of anger, division and anti-Semitism.But the response has been the opposite as faiths and cultures came together in grief and solidarity.Crowdfunding campaign "Muslims Unite for Pittsburgh Synagogue" has raised more than 0,000 to help the shooting victims. 490

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 (CNS) - A fight between two men at a North County convenience store escalated Friday into a stabbing that left one of them hospitalized and the other under arrest, police said.The 9:30 a.m. fracas happened at the ampm [sic] minimart in the 1500 block of Melrose Drive, Oceanside police Lt. Kedrick Sadler said.Following the stabbing, the assailant allegedly fled on foot; medics took the victim to a trauma center, where he was admitted in stable condition with wounds to his upper body, according to Sadler.Officers searched the area with help from a sheriff's patrol helicopter, eventually finding the suspect at a business in the 700 block of North Avenue in Vista, several blocks south from the assault.The alleged assailant, whose name was not immediately available, was taken into custody without incident about 11:15 a.m., the lieutenant said.It was unclear what sparked the violence.WATCH the search for the suspect from SKY10 live: 958

On Election Night, voters from around the country will sit on the couches, grab their iPads and start paying attention to the results. While we have already profiled why results will likely take awhile this year, perhaps no state is better situated to have delayed results than Pennsylvania. WHY PA RESULTS MAY TAKE WEEKSJoe Corrigan, a political consultant in Philadelphia, says with a record number of voters voting by mail, combined with state rules regarding when ballots can be counted, results will take time. "We are seeing about 10 to 15 thousand mail-in ballots requested a day (in Pennsylvania)," Corrigan said. These ballot requests are overwhelming elections offices across the state."Pennsylvania law prohibits county boards of elections from counting any absentee ballots or mail-in ballots until 8 p.m. on Election Day when polls close," Corrigan added. The Pennsylvania Supreme Court ruled Thursday that ballots can arrive until 5 p.m. ET on the Friday after the election and still count. The ballots do have to be postmarked on or before Election Day to be counted.That doesn't even begin to take into account the state is using relatively new in-person voting machines. "I would very happy to know who won Pennsylvania by Thanksgiving," Corrigan said. WHAT IS BEING DONEElection officials know they have pending issues. In Bucks County, a suburban Philadelphia county, elections officials this week have been busy installing a 0,000 counting machine they have nicknamed "the dragon."The machine was purchased using CARES funds and is capable of sorting 24,000 ballots per hour. "The thing that slows us down the most is actually the fact you have to open two envelopes," Bob Harvie, an elections commissioner, said. "We are already planning to have 24-hour shifts," Harvie added. 1812