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VISTA, Calif. (KGTV) -- The San Diego District Attorney is expected to decide later this week whether there should be a new trial in the case of Kellen Winslow Junior.Tuesday morning, the judge declared a mistrial after the jury said it was deadlocked on eight remaining counts. The counts include kidnapping, forcible rape and forcible oral copulation involving a hitchhiker last year in Encinitas and forcible rape and rape of an unconscious person for an alleged attack on a teenager at a party in Scripps Ranch back in 2003 when she was 17 and Winslow was 19. The other counts the jury deadlocked on are willful cruelty to an elder and battery against an elder. The prosecutor said the jurors were leaning toward conviction. "On each one of the counts, there were a majority of jurors who voted in favor of guilt. They voted 10-2 in favor of guilt on forcible sodomy of Jane Doe 2. They voted 10-2 in favor of guilt for the forcible rape of Jane Doe 4. They voted 10-2 in favor of guilt on the counts of elder abuse and elder battery regarding Jane Doe 5 and then they voted 8-4 in favor of guilt on the rape of an unconscious person for Jane Doe 4 and they voted 7-5 in favor of guilt on the kidnap for rape, forcible oral copulation and and forcible rape of Jane Doe 1," said Prosecutor Dan Owens. Defense attorneys said the deadlocked jury shows there were credibility issues among the accusers. RELATED: Winslow II found guilty of rape, lewd conduct, indecent exposure"Credibility is the issue in this case. There was no corroborating evidence whatsoever, it's just people's word," said defense attorney Brian Watkins. The case involved 12 counts and the testimony of 5 women."We were always concerned about trying the cases together. Our position was always that these cases would not be able to stand alone. We fought to keep the cases separate. We lost that battle. We took on all these cases at once and we still prevailed to the point that we did not get convicted of everything and we have more litigation to do," said Watkins. Monday afternoon, the jury convicted Winslow of raping a 58-year-old homeless woman in Encinitas last year. Jurors also found the former NFL tight end guilty of indecent exposure and lewd conduct involving two other women. He was acquitted of a second count of lewd conduct involving one of those women. Watkins said they'll appeal the three convictions. "We won't be satisfied until he's exonerated and he's back home with his family," said Watkins. RELATED: Jurors request clarifications from judge as Winslow deliberations continueWinslow is facing 9 years in prison on the convictions, but if he had been convicted of raping more than one woman he could've been sentenced to life in prison. "Right now, he's facing eight years in state prison, life time sex offender registration for the forcible rape of Jane Doe 2. He'd be facing an additional 6 months for each 1 of the misdemeanor counts of indecent exposure and lewd acts committed against Jane Does 3 and 5, for a total of potentially 9 years in prison," said Owens. Sentencing is on hold until a decision is made about a new trial. Winslow's father, Kellen Winslow Senior, a Chargers Hall of Famer attended every day of the trial, but declined to talk to the media. A hearing is scheduled for 10 a.m. Friday on setting a new trial. "Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim, that would lead to a lifetime prison term and that will be another factor we will consider very strongly in determining how to proceed with the case," said Owens. 3618
WASHINGTON (AP) — Dr. Scott Atlas, a science adviser to President Donald Trump who was skeptical of measures to control the coronavirus outbreak, is leaving his White House post. A White House official confirmed that the Stanford University neuroradiologist, who had no formal experience in public health or infectious diseases, resigned at the end of his temporary government assignment. Atlas confirmed the news in a Monday evening tweet. 449

WASHINGTON (AP) — A federal appeals court ruled Thursday that the Trump administration endangered public health by keeping a widely used pesticide on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains.The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruit, apples and other crops. The attorneys general for several states joined the case against EPA, including California, New York and Massachusetts.RELATED: EPA Chief Scott Pruitt quits amid ethics scandalsIn a split decision, the court said Thursday that Pruitt, a Republican forced to resign earlier this summer amid ethics scandals, violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful."The panel held that there was no justification for the EPA's decision in its 2017 order to maintain a tolerance for chlorpyrifos in the face of scientific evidence that its residue on food causes neurodevelopmental damage to children," Judge Jed S. Rakoff wrote in the court's opinion.Michael Abboud, spokesman for acting EPA Administrator Andrew Wheeler, said the agency was reviewing the decision, but it had been unable to "fully evaluate the pesticide using the best available, transparent science."RELATED: Trump administration wants to lower emissions standards for carsEPA could potentially appeal to the Supreme Court since one member of the three-judge panel dissented from the majority ruling.Environmental groups and public health advocates celebrated the court's action as a major success."Some things are too sacred to play politics with, and our kids top the list," said Erik Olson, senior director of health and food at the Natural Resources Defense Council. "The court has made it clear that children's health must come before powerful polluters. This is a victory for parents everywhere who want to feed their kids fruits and veggies without fear it's harming their brains or poisoning communities."The attorneys general of California and New York also claimed victory.RELATED: EPA Pushes Back Against Asbestos Comeback Claims"This is one more example of how then-EPA Administrator Scott Pruitt skirted the law and endangered the health of our children — in this case, all because he refused to curb pesticide levels found in food," Attorney General Xavier Becerra of California said in a statement.Chlorpyrifos was created by Dow Chemical Co. in the 1960s. It remains among the most widely used agricultural pesticides in the United States, with the chemical giant selling about 5 million pounds domestically each year through its subsidiary Dow AgroSciences.Dow did not respond to an email seeking comment. In past statements, the company has contended the chemical helps American farmers feed the world "with full respect for human health and the environment."Chlorpyrifos belongs to a family of organophosphate pesticides that are chemically similar to a chemical warfare agent developed by Nazi Germany before World War II.As a result of its wide use as a pesticide over the past four decades, traces of chlorpyrifos are commonly found in sources of drinking water. A 2012 study at the University of California at Berkeley found that 87 percent of umbilical-cord blood samples tested from newborn babies contained detectable levels of the pesticide.Under pressure from federal regulators, Dow voluntarily withdrew chlorpyrifos for use as a home insecticide in 2000. EPA also placed "no-spray" buffer zones around sensitive sites, such as schools, in 2012.In October 2015, the Obama administration proposed banning the pesticide's use on food. A risk assessment memo issued by nine EPA scientists concluded: "There is a breadth of information available on the potential adverse neurodevelopmental effects in infants and children as a result of prenatal exposure to chlorpyrifos."Federal law requires EPA to ensure that pesticides used on food in the United States are safe for human consumption — especially children, who are typically far more sensitive to the negative effects of poisons.Shortly after his appointment by President Donald Trump in 2017, Pruitt announced he was reversing the Obama administration effort to ban chlorpyrifos, adopting Dow's position that the science showing chlorpyrifos is harmful was inconclusive and flawed.The Associated Press reported in June 2017 that Pruitt announced his agency's reversal on chlorpyrifos just 20 days after his official schedule showed a meeting with Dow CEO Andrew Liveris. At the time, Liveris headed a White House manufacturing working group, and his company had written a million check to help underwrite Trump's inaugural festivities.Following AP's report, then-EPA spokeswoman Liz Bowman said that March 9, 2017, meeting on Pruitt's schedule never happened. Bowman said the two men had instead shared only a "brief introduction in passing" while attending the same industry conference at a Houston hotel and that they never discussed chlorpyrifos.However, internal EPA emails released earlier this year following a public records lawsuit filed by The Sierra Club suggest the two men shared more than a quick handshake.Little more than a week after the conference and before Pruitt announced his decision, the EPA chief's scheduler reached out to Liveris' executive assistant to schedule a follow-up meeting."Hope this email finds you well!" wrote Sydney Hupp, Pruitt's assistant, on March 20, 2017. "I am reaching out today about setting up a meeting to continue the discussion between Dow Chemical and Administrator Scott Pruitt. My apologies for the delay in getting this email into you — it has been a crazy time over here!"Subsequent emails show Hupp and Liveris' office discussing several potential dates that the Dow CEO might come to Pruitt's office at EPA headquarters, but it is not clear from the documents whether the two men ever linked up.Liveris announced his retirement from Dow in March of this year.Pruitt resigned July 6 amid more than a dozen ethics investigations focused on such issues as outsized security spending, first-class flights and a sweetheart condo lease for a Capitol Hill condo linked to an energy lobbyist.Bowman, who left EPA in May to work for GOP Sen. Joni Ernest of Iowa, declined to comment on her earlier characterization of the March 2017 interaction between Pruitt and Liveris or what "discussion" the internal email was referring to."I don't work for EPA anymore," Bowman said.___Follow Associated Press investigative reporter Michael Biesecker at http://twitter.com/mbieseck 6863
WASHINGTON (AP) — Allied missiles struck at the heart of Syrian chemical weapons arsenal in a show of force and resolve aimed at punishing the Assad government for a suspected poison gas attack against civilians and deterring the possible future use of such banned weapons."A perfectly executed strike," President Donald Trump tweeted Saturday in the aftermath of his second decision in two years to fire missiles against Syria. "Could not have had a better result. Mission Accomplished!"His choice of words recalled a similar claim associated with President George W. Bush following the U.S.-led invasion of Iraq. Bush addressed sailors aboard a ship in May 2003 alongside a "Mission Accomplished" banner, just weeks before it became apparent that Iraqis had organized an insurgency that tied down U.S. forces for years.Syria's chief allies, Russia and Iran, called the use of force by the United States, Britain and France a "military crime" and "act of aggression" with the potential to worsen a humanitarian crisis after years of civil war. The U.N. Security Council planned to meet later Saturday at Moscow's request."Good souls will not be humiliated," Syrian President Bashar Assad tweeted, while hundreds of Syrians gathered in Damascus, the capital, where they flashed victory signs and waved flags in scenes of defiance after the one-hour barrage launched Friday evening (early Saturday in Syria).The strikes "successfully hit every target," Pentagon spokeswoman Dana White said at a briefing Saturday, disputing the Russian military's contention that Syrian air defense units downed 71 out of 103 cruise missiles fired by the allies.Lt. Gen. Kenneth McKenzie, the director of the Joint Staff at the Pentagon, said no aircraft or missiles involved in the operation "were successfully engaged by Syrian air defenses." He said 105 weapons were launched against three targets, and that the U.S. was not aware of any civilian casualties.A global chemical warfare watchdog group said its fact-finding mission would go as planned in Douma, where the apparent use of poison gas against civilians on April 7 that killed more than 40 people compelled the Western allies to launch their attack. Syria has denied the accusation.But France's foreign minister said there was "no doubt" the Assad government was responsible, and he threatened further retaliatory strikes if chemical weapons were used again, as did Pentagon chief Jim Mattis, who said the assault was a "one-time shot," as long as chemical weapons weren't used again.NATO representatives planned a special session to hear from U.S., British and French officials.Pentagon officials said the attacks, carried out by manned aircraft and from ships that launched cruise missiles from the Mediterranean Sea, targeted the heart of Assad's programs to develop and produce chemical weapons, and delivered "a very serious blow," said McKenzie.Trump said the U.S. was prepared to sustain economic, diplomatic and military pressure on Assad until he ends what Trump called a criminal pattern of killing his own people with internationally banned chemical weapons. That did not mean military strikes would continue; in fact, Gen. Joseph Dunford, chairman of the Joint Chiefs of Staff, said no additional attacks were currently planned.Russian leader Vladimir Putin reaffirmed the Kremlin's skepticism about the allies' Douma claim, saying Russian military experts had found no trace of the attack. He criticized the U.S. and its allies for launching the strike without waiting for international inspectors to visit the area.But British Prime Minister Theresa May cited reports she said indicated the Syrian government used a barrel bomb — large containers packed with fuel, explosives and scraps of metal — to deliver the chemicals. "No other group" could have carried out that attack, she said, adding that the allies' use of force was "right and legal."German Chancellor Angela Merkel said the West's response was "necessary and appropriate."Mattis disclosed that the U.S. had not yet confirmed that the Douma attack -- the most recent suspected Syrian chemical weapons attack, on April 7 -- included the use of sarin gas. He said at least one chemical was used — chlorine, which also has legitimate industrial uses and had not previously triggered a U.S. military response.He said the targets selected by U.S., British and French officials were meant to minimize civilian casualties."This is difficult to do in a situation like this," he said, in light of the volatility of chemical agents.Defense officials from the countries involved in the attack gave differing accounts of how much warning was given to the Russians, Syria's powerful ally.Dunford said the U.S. did not coordinate targets with or notify the Russian government of the strikes, beyond normal airspace "de-confliction" communications. But the description from an ally put things differently. French Defense Minister Florence Parly said that "with our allies, we ensured that the Russians were warned ahead of time."At a Pentagon news conference alongside Mattis, and with British and French military officers beside them to emphasize allied unity, Dunford said the attacks targeted mainly three targets in western Syria.Dunford said missiles first struck a scientific research center in the Damascus area that he said was a center of Syrian research, development, production and testing of chemical and biological warfare technology. The second target was a chemical weapons storage facility west of Homs. He said this was believed to be the main site of Syrian sarin and precursor chemical production equipment.The third target was a chemical weapons equipment storage facility and an important command post, also west of Homs, Dunford said.British leader May said in London that the West had tried "every possible" diplomatic means to stop Assad from using chemical weapons. "But our efforts have been repeatedly thwarted" by Syria and Russia, she said."So there is no practicable alternative to the use of force to degrade and deter the use of chemical weapons by the Syrian regime," May said. "This is not about intervening in a civil war. It is not about regime change."French President Emmanuel Macron said in a statement that a target of the strike was the Syrian government's "clandestine chemical arsenal."The Syrian government has repeatedly denied any use of banned weapons.The decision to strike, after days of deliberations, marked Trump's second order to attack Syria. He authorized a barrage of Tomahawk cruise missiles to hit a single Syrian airfield in April 2017 in retaliation for Assad's use of sarin gas against civilians.Trump chastised Russia and Iran for supporting "murderous dictators," and noted that Putin had guaranteed a 2013 international agreement for Assad to get rid of all of his chemical weapons.White, the Defense Department spokeswoman, said the strikes did not "represent a change in U.S. policy or an attempt to depose the Syrian regime." But, she said, "We cannot allow such grievous violations of international law." 7086
Wall Street is sending President Trump a message: Don't start a trade war. And lay off Amazon, one of the most important companies in America.The president played a starring role in last year's stock market boom. Now he's getting the blame as Wall Street hits the skids.Trump's fingerprints were all over Monday's market sell-off. The Dow fell 459 points and the Nasdaq plunged almost 3%. 396
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