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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
Open bars, lavish dinners and in-person get-togethers will likely be out of the question for many companies this year when it comes to planning end-of-the-year celebrations. A number of holiday office parities in 2020 will be non-existent, but experts say employers can still do a lot to show employees they appreciate them this holiday season."What I’ve heard recently is obviously, are employers are having to come up with different types of gatherings, not even gatherings but ways to celebrate. And what makes me feel good is there’s still desire to do that, it’s just how to do it," said Lisa Frydenlund, an HR Knowledge Adviser with the Society for Human Resources Management. She says some businesses will be holding virtual celebrations."I even saw just recently something about getting a musician or some sort of that to be prerecorded and then sent out to people. So, it's a little mini concert. I think employers are getting very creative," said Frydenlund.Valerie Keels works at the company Gavi, which has offices in Switzerland and Washington, D.C. Keels is working with a team of five other people to put on a virtual end-of-the-year office event. Complete with a virtual cartoonist, personal videos and more for their 350 employees."I think it serves a purpose. It's a reminder to those people who are more solitary, and okay being that way, that yeah, we’re all in this together and we can still be collegial and still have fun together," said Keels.The biggest focus for Keels and her team is making sure their employees come together to celebrate all of their hard work."It's so important that organizations either foster or maintain that connectedness because it's so important for the motivation and even well-being of staff to be connected to both the organization and the colleagues," said Keels.For some companies in lieu of holiday party, extra vacation days will be offered, as a way to show employees their appreciation during this unprecedented year."Time away is definitely something that's an added benefit that people can provide. You don't have to have a celebration or try to mimic what we had before, but why not give the gift of time," said Frydenlund.Frydenlund says while some companies will still be hosting holiday parties as usual, she says many will likely consider the pandemic and proceed with caution."When you start to think about what is the intention around celebrating around the holidays and I’ve always wanted to make sure you’re inclusive in doing so because everybody celebrates things differently. And just like this entire year, it's giving employers more time and awareness to think about well how do we do that," said Frydenlund.Coming together or giving back to so many who've worked especially hard and gone through so much in today's new normal. 2812

OCEANSIDE, Calif. (KGTV) -- A bicyclist was seriously injured after being struck by a vehicle in Oceanside Wednesday afternoon. According to the Oceanside Police Department, the crash happened around 4:18 on State Route 76 at Old Grove. When officers arrived, they found the man lying in the street. He was taken to the hospital with a serious head injury. RELATED: Bicyclist killed in Escondido hit-and-run crashBased on statements from witnesses, police say they believe the vehicle entered the intersection on a green light. “The bicyclist also entered the intersection from another direction on a red light and collided with the SUV,” police said. The driver remained on scene and drugs or alcohol are not factors in the crash, police said. 753
On the corner of South Park Street and West 16th in Little Rock, Arkansas, sits a bus bench.To the untrained eye, it is nothing more than some wood and concrete, but to the students at Central High School across the street, it is a reminder of the racism our country has faced.In 1957, Central became the first high school in a major U.S. city to desegregate when nine black students were escorted through crowds of white students by the National Guard so they could attend class.One of those black students, Elizabeth Eckford, was mercilessly heckled as she approached the school. So much so, that she turned away and retreated to that bus bench as a safe haven while she waited for a ride home."Even though it’s history, it didn’t happen too long ago,” said Adaja Cooper, who graduated from Central High School last year.Years after the 1957 Little Rock Nine crisis, the bus bench Eckford had sat on was removed for no particular reason. In the decades that followed, most did not bat an eye, until Cooper, a black student, was in her junior year of high school and wanted to recreate the piece of history as part of a school project known as The Memory Project.“It’s not just the story of building a bench, but the retelling of the history,” said Cooper. “It created a bond, and it’ll last for the rest of my life.”With the help of sophomore Milo Williams Thompson and history teacher George West, Cooper began pouring concrete, cutting wood, and reassembling the bench.It was not the first piece of history recreated by The Memory Project, but it was the most technical."It was supposed to be a one year project, and we couldn’t stop after we saw the experiences the students were having,” West said.By 2018, when Cooper was a senior and Williams Thompson was a junior, the bench was completed and placed on the corner once occupied by the original. For the students, it marked an achievement in craftsmanship, as well as personal growth."It’s that relationship that students begin to create, build, and experience beyond just the small universe that they arrive in,” said West. “They have a voice in the community.""We have to recognize that racism didn’t end in the 60s,” added Williams Thompson. “It’s still around and it’s still a national problem.”The Memory Project has created walking tours that supplement the ones taken by tourists at the Little Rock Central High School National Historic Site. It has also constructed plays where current students will research and portray past students who played integral roles during the 1957 desegregation, helping them become purveyors of history and change.“It’s on their shoulders to tell these stories and to become, not the voice of the past, but the action in the present,” said West. 2749
OCEANSIDE, Calif. (KGTV) -- A bicyclist was seriously injured after being struck by a vehicle in Oceanside Wednesday afternoon. According to the Oceanside Police Department, the crash happened around 4:18 on State Route 76 at Old Grove. When officers arrived, they found the man lying in the street. He was taken to the hospital with a serious head injury. RELATED: Bicyclist killed in Escondido hit-and-run crashBased on statements from witnesses, police say they believe the vehicle entered the intersection on a green light. “The bicyclist also entered the intersection from another direction on a red light and collided with the SUV,” police said. The driver remained on scene and drugs or alcohol are not factors in the crash, police said. 753
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