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CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.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 at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.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 and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."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 all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one 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. 2921

CARLSBAD, Calif. (KGTV) - A motorcyclist from San Marcos died Sunday after crashing into a truck in Carlsbad.According to Carlsbad police, the 19-year-old motorcyclist was riding along the 4600 block of Carlsbad Boulevard when he collided with a Toyota Tundra around 4:35 p.m.Emergency responders arrived and transported the motorcyclist to the hospital but he was pronounced dead on the way.The driver of the Toyota, a 38-year-old man from Grand Terrace, stopped on the scene.Investigators have not said what caused the collision. They were still looking for witnesses to come forward. Anyone with information is urged to call Corporal Travis Anderson at 760-931-2208. 682

CARLSBAD, Calif. (KGTV) - More than two and a half years after Team 10 first reported about a North County property management company accused of stealing money from clients, the victims are finally getting their money back.Kelley Zaun owned Carousel Properties, a Carlsbad property management company. Victims first told Team 10 in 2016, they hired her to pay fees associated with their rentals. They said she did not pay those fees. She was accused of taking roughly 0,000 from victims, according to investigators.In 2018, Zaun faced 29 felonies for embezzlement, according to Deputy District Attorney Anna Winn. Zaun entered into a plea deal and agreed to a year in custody. With the help of the DA’s office, Zaun’s former clients were able to get their money back through the Department of Real Estate’s Consumer Recovery Account. RELATED: Team 10: Police investigating Carlsbad companyStephen Lerner, the Assistant Commissioner for Legal Affairs for the department, said so far, 23 victims have been reimbursed through the account. Other victims’ payments are still processing. They have been able to reimburse 2,084.68 thus far.The Consumer Recover Account is an option for fraud victims when trying to recoup money from the person who took it from them. In order to utilize the fund, Lerner said there must be a criminal or civil court order for the defendant to pay back money he or she took. If victims cannot get refunded from the person who stole it, they can apply through the Department of Real Estate (DRE).Winn said she volunteered to be the victims’ liaison with the DRE, as the process for reimbursement is lengthy and many of the victims were elderly. One of Zaun’s victims told Team 10 he is “extremely grateful” for the DA’s office work on this case. RELATED: Carlsbad company owner faces felonies for stealing moneyVictims started receiving reimbursements within the past couple of weeks. Money for the account comes from license fees. Lerner told Team 10 there are approximately 421,000 people with a license under their department, which includes broker and salesperson’s licenses. 12 percent of the license fee paid goes to the account.Since 1964, the DRE has paid more than million to victims. Approximately 54 percent of all applications are approved.RELATED: Homeowners: Carlsbad company owes them thousandsDistrict Attorney Summer Stephan told Team 10 in a statement: “In addition to a conviction and holding this defendant accountable, we also wanted to do our best to make the victims financially whole. Working closely with the Department of Real Estate, we were able to get a significant amount of money returned to victims and it’s gratifying to see the funds collected through real estate license fees used as intended— to un-do the financial damage done by the defendant in this case.” 2838

CARLSBAD, Calif. (KGTV) - A North San Diego County woman was awarded child support from her ex-husband nearly 50 years after she says he left her with a young daughter. Toni Anderson makes no apologies for going after the man she calls her "deadbeat ex" for having her raise their 3-year-old daughter on her own. Anderson says her ex-husband chose to go to Canada rather than pay court-ordered child support in the early 1970s. "I kind of put it on the back burner and just kind of forgot about it over the years," said Anderson. She supported her daughter while working as an interior designer in Los Angeles at a firm her daughter now runs."I'm not negating the fact I was able to send my daughter to college, Paris. We traveled and had a good time. But the money runs out." MUST READ: Graffiti referencing New Zealand left at Escondido mosque after possible arsonAnderson admits she rents her part of the house. And now that she's retired, money is tight. Then it dawned on her."I realized in the middle of the night one night last year, 'Hey, there's no statute of limitations on child support.'" Anderson looked up old court papers and last month notified her ex-husband, who's now living in Oregon: she wanted him to pay up. But the amount she was seeking now was way beyond what he was asked to pay nearly a half-century ago."He was only supposed to give me like a 160 dollars a month. Well, that was 50 years ago. That today is a lot more money."With accrued interest of 10 percent a year, what would have been a total payment of some ,000 is now more than 0,000. "I don't think enough women get this. And I think they're afraid."MUST READ: Escondido company recalling avocados due to possible Listeria contaminationAlong with getting what she's due, Anderson wants to spread the word to other single parents in California: You can still collect. And to those who skipped out, her message is for them to watch out."I think he's a little bit panicked.," said Anderson of her husband's reaction to her pursuit. "And I'm very happy because I was panicked all these years. Now, it's his turn."Toni Anderson's lawyer, Sara Yunus, Esq., an Associate Attorney for Antonyan Miranda, LLP, tells 10News a private hearing in Vista Court Wednesday resulted in a settlement of 0,000. 10News also reached out to her ex-husband's attorney. There has been no response. 2379

CHANDLER, AZ — The Arizona Attorney General’s Office says Mikal Lee Smith, the son of ex-NFL coach and current head of the University of Illinois football program Lovie Smith, has been indicted after a Chandler police investigation accusing him of running a prostitution ring.According to a release, between December 2018 and September 2019, Mikal Smith and Aprel Mae Rasmussen operated and maintained an illegal prostitution enterprise.In one instance, Mikal Smith and Rasmussen allegedly induced and encouraged an adult female victim to “engage in acts of prostitution for over two months.”Mikal Smith reportedly used surveillance and threats of retaliation to keep the victim under his control.It’s unclear how many other victims, if any, were involved. The Chandler police did not immediately respond to a request for comment.Mikal Smith has been indicted on charges of conspiracy, illegally conducting an enterprise, money laundering in the first degree, pandering, receiving earnings of a prostitute, sex trafficking, and threatening or intimidating.His co-defendant, Aprel Rasmussen, was indicted on charges of conspiracy, illegally conducting an enterprise, money laundering in the first degree, and pandering.Mikal Smith played football for the University of Arizona and was an assistant coach in the NFL for the Chicago Bears, Dallas Cowboys, and Tampa Bay Buccaneers for several years.This story was originally published by Clayton Klapper on KNXV in Phoenix. 1478