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CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.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 at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.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 and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."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 all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one 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. 2921

CARLSBAD, Calif. (KGTV) – At a virtual hearing on Tuesday, a San Diego judge ordered that the name could be revealed of the teenager who’s accused of killing a woman on a Carlsbad trail. Images of his face, however, were ordered to remain private.17-year-old Haloa Beaudet's defense counsel denies the allegations.He is suspected of stabbing Lisa Thorborg on Hosp Grove trail in November. “His DNA was found on the victim. We have him running on surveillance camera [video] away from the murder scene in a time that's consistent with the time of death,” said a detective.The prosecution showed a surveillance camera image of him running barefoot on the street, away from the trail at 11:25 a.m. on the day that Thorborg died. “We feel that she died at about 11:10 a.m. so that's about 15 minutes after she was murdered,” said the detective.Other surveillance camera images that were shown in the hearing captured the teen on the same trail in the days after the murder.Detectives said that a few days later, he was arrested for prowling on the trail. Once taken into custody, a sample of his DNA was taken. “Ultimately, they found that DNA from [Haloa’s swabs] matched the male DNA on Ms. Thorborg's shorts,” said a detective.Detectives also said that a pair of flip flops that they believe belong to the teen were discovered near Thorborg. His defense attorney argued that Thorborg may have discovered and picked up those flip flops, which was how she got his DNA on her.The teen's attorney said that there's no motive for a murder. His grandmother told the judge that he has no history of violence.The judge decided that the case can move forward.Beaudet’s next hearing is scheduled for January 25th.The teen is ordered to remain in-custody for the time being. 1770

CAPE CORAL, Fla., — A Florida utilities crew discovered a fossil archeologists now believe may be of a woolly mammoth or mastodon.The crew was digging in a trench 17 feet below the ground in Cape Coral last month.The crew turned over the fossil to the city which brought in archeologists to assess it.Robert Carr with the Archeological and Historical Conservancy says the fossil fragment was probably part of the mammoth’s humorous bone, or upper arm.The fossil is roughly one foot long and 10 inches wide.He estimates the fossil is 12,500 to 250,000 years old, based on similar discoveries.According to the report, during that time "glacial retreat led to the formation of savannas across Florida and herds of mammoth, bison, antelope, and horse roamed the peninsula."According to the Florida Museum of Natural History (FMNH), there are only two recorded mammoth fossil sites in Lee County.However, Carr believes there may be other fossil beds within the city with the remains of other extinct mammals.The City of Cape Coral plans to donate the fossil to the Cape Coral Historical Museum in the coming months. 1138

BUFFALO, N.Y. — University at Buffalo earthworm expert Nick Henshue says Amynthas, invasive "jumping" earthworms with destructive potential, are appearing in the Western New York area.The earthworms live in the top few inches of soil, can grow to about the length of a pencil and gobble up fallen leaves that experts say play a vital role in forest ecosystems.Henshue believes the invasive earthworms may have been transported to the area in part via contaminated mulch."In agricultural systems, earthworms can be great, but in forests in our area, these jumping worms reduce leaf litter, which is really a protective layer that we rely on to protect and hide seeds and keep the sun off newly germinating plants," Henshue said. "The ability of earthworms, writ large, to reduce that leaf litter, to mix up different soil horizons, to add a whole lot of bacteria to the soil — it's very disruptive to plants, to animals and to organisms that live in the soil."Henshue says human activity is what leads to the spread of these invasive species."We shouldn't have earthworms at all in New York State, native or otherwise, because the glaciers pushed them so far south during the ice age," Henshue said. "But we do because of boats, bait, potted plants, soil being moved. Earthworm egg cases are tiny. They're smaller than the backing of an earring. They get transported around really easily."Below are some tips provided by Henshue to help stop the spread of these invasive species:Don't use jumping worms as bait.Be vigilant when taking part in plant swaps.Obtain clean mulch and compost from reliable sources."There's not a very good solution because we don't have anything that specifically targets these earthworms," Henshue said. "The quick and dirty way would be to just kill everything, and that's not okay. You'd wipe out beneficial insects and microbes as well. So the best thing we can do is prevention. Be vigilant about mulch piles, root cuttings and plant swaps. Don't use these things as bait."For more information on identifying the worms and stopping the spread, click here.This story was originally published by Anthony Reyes on WKBW in Buffalo. 2166

CHEYENNE, Wyo. – Celebrities are rallying around a 6-year-old boy who saved his 4-year-old sister from a gruesome dog attack this month, according to his family.Nikki Walker took to Instagram this week to tell the story of how her nephew, Bridger, stood between his sister and charging dog. The boy’s aunt says he was bitten several times on the face and head before the two were able to run away to safety.According to Walker, the boy later said, “If someone had to die, I thought it should be me.”Walker says Bridger had to receive about 90 stitches from a plastic surgeon, but he’s now recovering at home.On Instagram, Bridger asked the public to share her nephew’s story and help get the attention of some Marvel actors.“We love our brave boy and want all the other superheroes to know about this latest hero who joined their ranks,” said Walker.The request was granted. Several celebrities reached out to the family with heartfelt messages of supports, including Hugh Jackman, Zachary Levi, Tom Holland, Anne Hathaway, Robbie Amell, Octavia Spencer, and Mark Ruffalo.“Captain America” actor Chris Evans even sent a video message to Bridger, which his aunt posted Wednesday."Hey, Bridger. Captian America here, how you doing, buddy? I'm sure you've heard a lot of this over the past few days but let me be the next one to tell you – pal, you're a hero, what you did was so brave, so selfless," Evans said in the video. "Your sister is so lucky to have you as a big brother. Your parents must be so proud of you."Evans also said he would be sending Bridger an authentic Captain America shield. 1604

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