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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
California political activist and billionaire megadonor Tom Steyer joined a group of protestors outside Republican Congressman Darrell Issa's Vista office Tuesday morning. Just days ago Steyer made headlines and drew criticism from President Trump himself after he used used million of his own money to start running television ads calling for Trump's impeachment. 399
Canada is the latest country to approve a COVID-19 vaccine candidate made by Pfizer and BioNTech, according to ABC News and the Washington Post.On Monday, Prime Minister Justin Trudeau announced that the vaccine would arrive in Canada next week and that doses would be distributed at that time.The FDA is expected to meet tomorrow to discuss granting Emergency Use Authorization to the Pfizer vaccine. Approval is expected, and Americans may begin receiving doses as soon as next week.The drug has already been administered to some patients in the United Kingdom, who approved the vaccine for emergency use last week. On Wednesday, officials announced that two people with extensive histories with allergies had suffered "adverse effects" from the injections, but both patients are expected to be OK. Officials in the U.K. are now advising patients with similar histories of extreme allergic reactions to not get vaccinated for the time being.Initial efficacy studies showed the Pfizer vaccine to be 95% effective in preventing COVID-19, without serious side effects.A vaccine candidate made by Moderna is also on the precipice of receiving widespread approval from several major western countries. 1206
CAPE CANAVERAL, Fla. (AP) — The spacecraft team that brought us close-ups of Pluto will ring in the new year by exploring an even more distant and mysterious world.NASA's New Horizons spacecraft will zip past the scrawny, icy object nicknamed Ultima Thule (TOO-lee) soon after the stroke of midnight.One billion miles beyond Pluto and an astounding 4 billion miles from Earth (1.6 billion kilometers and 6.4 billion kilometers), Ultima Thule will be the farthest world ever explored by humankind. That's what makes this deep-freeze target so enticing; it's a preserved relic dating all the way back to our solar system's origin 4.5 billion years ago. No spacecraft has visited anything so primitive."What could be more exciting than that?" said project scientist Hal Weaver of Johns Hopkins University, part of the New Horizons team.Lead scientist Alan Stern of Southwest Research Institute in Boulder, Colorado, expects the New Year's encounter to be riskier and more difficult than the rendezvous with Pluto: The spacecraft is older, the target is smaller, the flyby is closer and the distance from us is greater.NEW HORIZONSNASA launched the spacecraft in 2006; it's about the size of a baby grand piano. It flew past Pluto in 2015, providing the first close-up views of the dwarf planet. With the wildly successful flyby behind them, mission planners won an extension from NASA and set their sights on a destination deep inside the Kuiper Belt. As distant as it is, Pluto is barely in the Kuiper Belt, the so-called Twilight Zone stretching beyond Neptune. Ultima Thule is in the Twilight Zone's heart.ULTIMA THULEThis Kuiper Belt object was discovered by the Hubble Space Telescope in 2014. Officially known as 2014 MU69, it got the nickname Ultima Thule in an online vote. In classic and medieval literature, Thule was the most distant, northernmost place beyond the known world. When New Horizons first glimpsed the rocky iceball in August it was just a dot. Good close-up pictures should be available the day after the flyby.ARE WE THERE YET?New Horizons will make its closest approach in the wee hours of Jan. 1 — 12:33 a.m. EST. The spacecraft will zoom within 2,200 miles (3,500 kilometers) of Ultima Thule, its seven science instruments going full blast. The coast should be clear: Scientists have yet to find any rings or moons around it that could batter the spacecraft. New Horizons hurtles through space at 31,500 mph (50,700 kph), and even something as minuscule as a grain of rice could demolish it. "There's some danger and some suspense," Stern said at a fall meeting of astronomers. It will take about 10 hours to get confirmation that the spacecraft completed — and survived — the encounter.POSSIBLY TWINSScientists speculate Ultima Thule could be two objects closely orbiting one another. If a solo act, it's likely 20 miles (32 kilometers) long at most. Envision a baked potato. "Cucumber, whatever. Pick your favorite vegetable," said astronomer Carey Lisse of Johns Hopkins. It could even be two bodies connected by a neck. If twins, each could be 9 miles to 12 miles (15 kilometers to 20 kilometers) in diameter.MAPPING MISSONScientists will map Ultima Thule every possible way. They anticipate impact craters, possibly also pits and sinkholes, but its surface also could prove to be smooth. As for color, Ultima Thule should be darker than coal, burned by eons of cosmic rays, with a reddish hue. Nothing is certain, though, including its orbit, so big that it takes almost 300 of our Earth years to circle the sun. Scientists say they know just enough about the orbit to intercept it.COMPARING FLYBYSNew Horizons will get considerably closer to Ultima Thule than it did to Pluto: 2,220 miles versus 7,770 miles (3,500 kilometers vs. 12,500 kilometers). At the same time, Ultima Thule is 100 times smaller than Pluto and therefore harder to track, making everything more challenging. It took 4 ? hours, each way, for flight controllers at Johns Hopkins' Applied Physics Lab in Laurel, Maryland, to get a message to or from New Horizons at Pluto. Compare that with more than six hours at Ultima Thule.WHAT'S NEXTIt will take almost two years for New Horizons to beam back all its data on Ultima Thule. A flyby of an even more distant world could be in the offing in the 2020s, if NASA approves another mission extension and the spacecraft remains healthy. At the very least, the nuclear-powered New Horizons will continue to observe objects from afar, as it pushes deeper into the Kuiper Belt. There are countless objects out there, waiting to be explored. 4591
CHICAGO (AP) -- A federal judge has ruled Attorney General Jeff Sessions cannot follow through with his threat to withhold public safety grant money to Chicago and other so-called sanctuary cities for refusing his order to impose tough immigration policies.U.S. District Judge Harry Leinenweber on Friday granted Chicago's request for a temporary "nationwide" injunction. That means the Justice Department can't deny requests for the grant money until Chicago's lawsuit against the agency is concluded. He wrote that Chicago has shown a "likelihood of success" in its arguments that Sessions overstepped his authority with the requirements.Chicago refused to comply with the Justice Department's demand that it allow immigration agents access to local jails and notify agents when someone in the United States illegally is about to be released from custody. 877