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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

One of the jurors from Paul Manafort's trial said on Wednesday that although she "did not want Paul Manafort to be guilty," the evidence was "overwhelming.""I thought that the public, America, needed to know how close this was, and that the evidence was overwhelming," Paula Duncan said in an interview on Fox News. "I did not want Paul Manafort to be guilty, but he was, and no one's above the law. So it was our obligation to look through all the evidence."Duncan, who is the first juror to speak publicly, offered a look behind the scenes of the deliberations. She noted that "crazily enough, there were even tears," and detailed some of the jury's conversations with the lone juror who she said was the reason Manafort was not found guilty on all counts."We all tried to convince her to look at the paper trail. We laid it out in front of her again and again and she still said that she had a reasonable doubt. And that's the way the jury worked. We didn't want it to be hung, so we tried for an extended period of time to convince her, but in the end she held out and that's why we have 10 counts that did not get a verdict," Duncan said on "Fox News at Night."Manafort, who served as President Donald Trump's campaign chairman, was found guilty on eight of 18 counts on Tuesday, and is facing up to 80 years in prison. He was found guilty of five tax fraud charges, one charge of hiding foreign bank accounts and two counts of bank fraud.One of the witnesses who testified against Manafort was his longtime deputy, Rick Gates. Duncan described Gates as "nervous," and said the jury ultimately threw away his testimony during deliberation."Some of us had a problem accepting his testimony because he took the plea. So we agreed to throw out his testimony and look at the paperwork, which his name was all over," Duncan said."I think he would have done anything to preserve himself -- that's just obvious in the fact that he flipped on Manafort," she later added.Duncan, who said she is a Trump supporter herself, said the President's name did come up during deliberations because "in the evidence there were references to Trump and his son-in-law and to the Trump campaign," but later added that she didn't think politics played a part in the jury's decision."I think we all went in there like we were supposed to and assumed that Mr. Manafort was innocent. We did due diligence, we applied the evidence, our notes, the witnesses and we came up with the guilty verdicts on the eight counts," she said.Manafort will be on trial again next month on a second set of charges, this time in a Washington federal court. These charges include a failure to register foreign lobbying and a money laundering conspiracy related to Ukrainian political work. 2757

On Wednesday, police arrested a suspect they believe is behind a series of unsolved killings, rapes and assaults in the 1970s and 1980s, including the deaths of Harrington's family members.RELATED:?Golden State killer suspect arrested, identified as Joseph James DeAngeloJoseph James DeAngelo was charged with capital murder in the 1978 killing of Katie and Brian Maggiore. The 72-year-old former police officer is believed to be linked to 12 killings and at least 50 rapes in California, police said.Harrington and dozens of survivors had only known the mysterious killer as "the Original Night Stalker," "East Area Rapist," and the "Golden State Killer." 664

Oklahoma legislators approved a measure including a ,100 pay raise for teachers, but the state teacher's union says the bill doesn't go far enough and plans to walk out Monday.House Bill 1010XX, which was described as "the largest teacher pay raise in the history of the state" passed both the state House and Senate this week. Gov. Mary Fallin signed the bill on Thursday."This is a very historic moment in Oklahoma's time," Fallin said of funding measures that included the pay boost. "It was not easy getting here."For weeks, Oklahoma teachers have been considering a walkout over what they say is their breaking point over pay and education funding. The state ranks 49th in the nation in teacher salaries, according to the National Education Association, in a list that includes Washington, D.C. Mississippi and South Dakota rank lower.Inspired by the West Virginia strike in which teachers demanded and got a pay raise from state leaders earlier this month, similar efforts have taken off in Oklahoma and Arizona.The Oklahoma Education Association, the state's largest teachers' union that represents nearly 40,000 members and school personnel, called the passage of the bill "a truly historic moment," but one that remains "incomplete," according to its president, Alicia Priest.Teachers and school staff will walk off their jobs on Monday and descend on the state Capitol, she said in video comments posted on Facebook.Oklahoma City Public Schools said all classes and activities are canceled for that day because of the walkout."While this is major progress, this investment alone will not undo a decade of neglect," Priest said. "Lawmakers have left funding on the table that could be used immediately to help Oklahoma students.""This package doesn't overcome shortfall caused by four-day weeks, overcrowded classrooms that deprive kids of the one-on-one attention they need. It's not enough," Priest said. "We must continue to push for more annual funding for our schools to reduce class size and restore more of the 28% of funds they cut from education over the last decade."The OEA had also called for ,000 pay raises for teachers over the next three years and ,000 pay raises for full-time support professionals such as custodians, secretaries, bus drivers and food service workers."We asked for ,000 over three years. This gets us part of the way there, and so we need to have the Legislature guarantee that we are still working to get to that," Priest had?told CNN affiliate KFOR.Oklahoma has faced a teacher's shortage this year, and some districts have been forced to hire people without a background in education to fill voids in the classroom.  2711

OCEANSIDE, Calif. (KGTV) — 79 years after the surprise attack at Pearl Harbor that brought the United States into World War Two, there are few survivors remaining. However, the memories of that day are crystal clear for 101-year-old Oceanside resident George Coburn.“One of the things I’ll always remember is the time I spent swimming after the Oklahoma turned over," Coburn said during an interview with ABC 10News. "I thought about a lot of things when I was in the water there.”Coburn was aboard the battleship USS Oklahoma on December 7th, 1941. He was working to prepare for a major inspection that was scheduled for the following day. Rumors began circulating belowdecks that the base was under attack. The rumor was confirmed just a few minutes later. "“I still remember the announcement. It was was rather unique. 'Real planes. Real bombs. No [expletive]'The Oklahoma took several hits from Japanese torpedoes. As the battleship began to sink, hundreds of sailors were trapped, including Coburn. He managed to wedge himself out through a porthole. "If I had been a little bit bigger, it would have been a hell of a tough job.”Coburn plummeted several feet into the water below. He found himself surrounded by burning shrapnel. However, he says the most terrifying danger was the continuous fire from Japanese fighters. “I could see the little geysers of machine gun bullets hitting the water.”After a few minutes in the water, Coburn managed to find the rope tying the Oklahoma to the neighboring USS Maryland. He climbed the rope aboard the Maryland and survived the remainder of the attack.Coburn went on to serve in many of the biggest naval actions of the war. He was awarded the Purple Heart after being struck by several pieces of shrapnel during the Battle of Okinawa. Do to a Navy paperwork error, Coburn was never given eight other medals from his service. He finally received the medals in 2019, after a campaign by a Palomar College historian and the intervention of Congressman Mike Levin. Coburn said it did not bother him that it took so long. “I knew what I’d done and where I’d been. The medals didn’t change that a particle.” 2158