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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

CARLSBAD, Calif. (KGTV) — The grandmother of the 17-year-old who's accused of stabbing Lisa Thorborg to death on a Carlsbad hiking trail in November doesn't believe her grandson could have committed the crime.Christie Hernandez said that she talked to her grandson, Haloa Beaudet, just after Tuesday's virtual court hearing where new surveillance images were revealed and the judge allowed the release of the teen's name. Images of his face have been ordered to remain withheld from the public."[He said] 'I'm strong. I'm going to be positive. You and papa [don't need to] worry. Tell everyone in the family that I'm okay and I'll be home soon," Hernandez told ABC 10News.RELATED: Judge releases name of Carlsbad teen murder suspect, new surveillance imagesOn Wednesday, the DA's Office confirmed that it filed a motion to request that the teen be tried as an adult but that it will take almost a year before a hearing is set where a judge will make the determination.The prosecution said this week that a surveillance camera captured Beaudet running barefoot on the street away from the trail a few minutes after Thorborg was believed to have been killed.Other images show him on the trail in the days after the murder. Detectives said that his DNA was found on the victim's shorts and a pair of his sandals were found near her body. His attorneys argue that he is a free spirit who often left his sandals behind and Thorborg may have picked them up, which is how his DNA got on her."He would not have done this. It's like stabbing me in the neck," added Hernandez.Hernandez said that he had been living with her and doing online schooling for the last two months after moving to San Diego from Hawaii. She described him as a kind young man who is incapable of violence. "We go to the store and he's helping little old ladies pick out which watermelons are good and which grapes are the sweetest and holding doors open. So, this just really baffles me," she stated. "They got the wrong person. The killer's still out there."The teen's attorneys said that no weapons were found on him and that he had no injuries or signs of struggle on his body. 2154

CAPE CORAL, Fla. -- Police arrested a Cape Coral man Sunday morning for taking target practice in his apartment after adjoining neighbors found bullet holes in their bedroom.61-year-old Ivan Bakh is charged with Shooting Into a Dwelling, and Reckless Discharge of Firearm in Public/Private Place.According to Cape Coral Police, neighbors reported being woken up by a loud bang and found a large hole in their headboard, right over their heads.Further investigation also found bullet holes into the opposite wall and in the far wall of the adjacent living room.Police contacted the next door neighbor, Bakh, in the apartment building located in the 3400 block of Skyline Boulevard.  Officers located the room opposite the neighbor's bedroom, which contained a large thick book against the wall with a red circle drawn on it.  The book appeared to be used as a target, and had been penetrated by three rounds.A 9mm casing was located in the hallway between the bathroom and the bedroom of Bakh's residence. Also located inside the home was a safe containing a 9mm Glock. The rounds located inside the magazine of the Glock handgun were a match to the 9mm spent casing located on the ground inside the residence. Bakh was arrested and transported to the Lee County Jail. 1305

CARMEL VALLEY (KGTV) - Schools are urging parents to learn more about the hit Netflix show '13 Reasons Why' so they can have a conversation with their kids.The first season of the show came out in March of 2017, and immediately after searches on Google relating to suicide skyrocketed.Particularly, "how to commit suicide" up?26%, "suicide prevention" rose 23% and "suicide hotline number" was up 21% according to a research paper published in JAMA International Medicine and CNN.At Carmel Valley Middle School, they faced that very serious issue personally. Three 7th graders, Madison, Lauren and Ximena saw their friend, who moved to LA, posting her pain on social media. She was cutting."She was posting a lot of videos on social media holding up an exact-o-knife and talking about all this," Madison said."I found out first and texted both of them and said we have to do something about it," Ximena said it was on her Snapchat story.Madison said they were taught in P.E. that this kind of act is a plea for help. They went to their counselor, Karen Infantino who went the extra step, reaching out to a counselor at the friend's new school, ensuring she got the help she needed."And was able to reach out and make sure that she was in a good place but it’s also really important for me to make sure that any student that comes to me feels listened to and acknowledged," Infantino said.The sentiment of being heard could've changed the entire plot of '13 Reasons Why.'The main character of the dramatic series reveals the reasons she committed suicide. A topic school principal Cara Dolnik doesn't take lightly."Subjects of the show are sexual assault and there’s a part about rape and bullying and suicide, it’s very heavy so it’s really important that they do watch this if their kids are interested in it it actually is an avenue for them to have these conversations," she said.The series rolls out May 18th, and Carmel Valley Middle proactively sent out a letter to educate parents."Parents should have conversations with their kids about everything and that’s not always easy so you have to find a way in to have that conversation," she said.A conversation these three girls already had with their parents, "It’s just really scary because nothing like that has ever happened before," Lauren said.All of them thankful and relieved they could help their friend, and hopeful to help others by sharing their message.If you or someone you know has had suicidal thoughts, please contact the crisis line at 888-724-7240. 2573

CARLSBAD, Calif. (KGTV) - A photographer in Carlsbad is helping to preserve the memory of the Greatest Generation, one portrait at a time.John Riedy works with The Greatest Generations Foundation. The group takes Veterans back to the battlefields on which they fought.During the trips, Riedy takes a portrait of each vet on their battlefield."It helps them realize that we’re not going to forget these guys," Riedy says. "When they’re gone, their legacies are going to live on."Over the last 12 years, Riedy has gone on nearly 50 trips with the Foundation and taken close to 300 portraits.For the 75th Anniversary of D-Day, he chose 75 of his favorite to hang in two galleries near Normandy and Omaha Beach."I think they were blown away to see their portraits up there," Riedy says of the reaction the Vets had when they got a first look at the galleries.Riedy says it's his personal way to honor the sacrifices they made."When you step onto Omaha beach, or you go to that cemetery at Omaha, and you see what they were up against when you see those cliffs, it's awe-inspiring," he says. "It’s like a switch flipped inside me. From them on I knew this was going to be my calling."Riedy and the Foundation have started to expand the program beyond World War II Veterans. They now take vets to Vietnam and are hoping to take Korean War veterans in the future.Riedy says he hopes to open another gallery of portraits either in California or in Denver, where the foundation is located.To see a full gallery of the photos, to to support the Greatest Generations Foundation, click here. 1587

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