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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) — A steady stream of showers didn't stop San Diego shoppers from seeking bargains. Hundreds of people waited in line Thursday evening for the Black Friday event at the Carlsbad Premium Outlets. Despite unfavorable conditions, many decided to shop because they did not want to break tradition. "We started doing it when I was in high school, and now I'm 26, so we've just gone every year with our mom," one woman told 10News. 10News crews got special access inside the new Adidas store during the sales event. Carlsbad Premium Outlet General Manager, Terri Mannes, said the retailer just finished their remodel, doubling in size just in time for the holiday shopping season. RELATED: Black Friday strategies that actually workMany shoppers knew they were going to stay out for hours. They came prepared. 10News saw several people wearing their pajamas for the ultimate comfortable shopping experience. Others brought their very own cart and rain gear. Some took a break from shopping to eat at many of the restaurants, which also had special Black Friday hours. Joel Solis and his mother stopped at Ruby's for a bacon cheeseburger amid the shopping rush."We came here because I have a lot of Christmas shopping to do," Solis said. RELATED: Why Black Friday is the busiest day of the year for plumbersWith the popularity of online shopping, many may think these hardcore shoppers are crazy. But some say there's no replacing old fashioned shopping. "I like it better when I look at the stuff and see the stuff in person," shopper Luis Rodriguez said. Black Friday deals at the Carlsbad Premium Outlets end at 10 p.m. Friday. 1656

Celebrations broke out across Australia after a two-month national postal survey came out "overwhelmingly" in favor of legalizing same-sex marriage.Results released Wednesday by the Australian Bureau of Statistics revealed 61 percent of the population voted to allow same-sex marriage, with 38 percent voting against.Rainbow-colored smoke, confetti and cheers erupted in the center of Melbourne following the announcement, where hundreds of people had gathered to hear the result.When couple Jane Mahoney, 28, and Josie Lennie, 26, heard the result they collapsed into each others' arms in tears. "(Now) we need to save and also gets lots of fun ideas from the other gay weddings," they told CNN.More than 12.7 million people across the country, or 79.5 percent of the population, took part in the survey with every state and territory returning a majority "yes."Celebrations, singing and tears greeted the announcement in Melbourne.It's the beginning of the end of a long-running campaign to allow marriage equality in Australia, something already legal in the majority of English-speaking countries worldwide.Speaking after the result, Australia Prime Minister Malcolm Turnbull said it had been an "overwhelming" response in favor of "yes" and called for same-sex marriage to be legalized before Christmas."They voted 'yes' for fairness, they voted 'yes' for commitment, they voted 'yes' for love. And now it is up to us here in the Parliament of Australia to get on with it," he told reporters in Canberra.Opposition Labor Party leader Bill Shorten told the Melbourne rally the postal vote itself should never have happened."I feel for young people who had their relationships questioned in a way I wouldn't have thought we would see ever again, but nevertheless what this marriage equality survey shows is that unconditional love always has the last word," he said.Politicians are expected to begin discussing the specifics of the same-sex marriage bill as early as this week.However, even ahead of the release of the results, conservative politicians inside the Australian parliament were preparing for a fight over how marriage equality would be legalized.Prominent supporters of same-sex marriage celebrated the decision. Qantas CEO Alan Joyce danced on stage in Sydney with author and actor Magda Szubanski, and urged Turnbull to "get on with it."Australian Olympic champion Ian Thorpe warned conservative politicians against delaying the legislation."(The result) spells it out loud and clear ... If they play around with this issue any longer, it will be at their peril," he told reporters Wednesday morning. 2641

Capping days of commemorations of her extraordinary life, Supreme Court Justice Ruth Bader Ginsburg becomes the first woman in American history to lie in state in the U.S. Capitol.Ginsburg, who died last week at age 87, also will be the first Jewish-American to lie in state and just the second Supreme Court justice. The first, Chief Justice William Howard Taft, also had been president.Ginsburg’s casket will be brought to the Capitol Friday morning for a private ceremony in Statuary Hall attended by her family and lawmakers, and with musical selections from one of Ginsburg’s favorite opera singers, mezzo-soprano Denyce Graves. Democratic presidential nominee Joe Biden and his wife, Jill, planned to attend.Members of the House and Senate who are not invited to the ceremony because of space limitations imposed by the coronavirus pandemic will be able to pay their respects before a motorcade carrying Ginsburg’s casket departs the Capitol early afternoon.The honor of lying in state has been accorded fewer than three dozen times, mostly to presidents, vice presidents and members of Congress. Rep. John Lewis, the civil rights icon, was the last person to lie in state following his death in July. Henry Clay, the Kentucky lawmaker who served as Speaker of the House and also was a senator, was the first in 1852. Rosa Parks — a private citizen, not a government official — is the only woman who has lain in honor at the Capitol.Ginsburg has lain in repose for two days at the Supreme Court, where thousands of people paid their respects, including President Donald Trump and first lady Melania Trump on Thursday. Spectators booed and chanted “vote him out” as the president, who wore a mask, stood silently near Ginsburg’s casket at the top of the court’s front steps.Trump plans to announce his nomination Saturday of a woman to take Ginsburg’s place on the high court, where she served for 27 years and was the leader of the liberal justices.Ginsburg, the second woman to serve on the Supreme Court, will be buried next week in Arlington National Cemetery beside her husband, Martin, who died in 2010. 2122

CARLSBAD (CNS) — A 55-year-old Oceanside man died Saturday in a solo-vehicle collision at Palomar Airport Road.The collision happened at 10:40 a.m. over the Interstate 5 Freeway at Palomar Airport Road, according to Sgt. Chris Karches of the Carlsbad Police Department. The black Chevrolet pickup was occupied by the driver — who died at the scene — as well as a juvenile and a woman. The passengers were not injured.A preliminary investigation showed that alcohol did not appear to be a factor in the collision, Karches said, but the investigation was ongoing.Palomar Airport Road at I-5 was closed while officers investigated the collision but later reopened. 669

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