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Conviction of Army & Navy headmaster for child abuse is overturned

Appeals court disagreed with dismissal of juror

From Megan's Law website
From Megan's Law website

A top official at a boys academy in San Diego County had his child abuse conviction overturned, and he was granted a new trial by an appellant court.

Jeffery Barton, then 55, was head of schools at the Army & Navy military academy in Carlsbad, when he was arrested and accused of child abuse in October of 2013. He was employed there almost 20 years, from 1994 until his arrest. Accusations first surfaced in June 2013, when Barton was accused of molesting boys from 13 to 15 years of age.

Patricia Lavermiccoca, left, led the second prosecution of Barton in May 2016. Judge Harry Elias, right, sentenced Barton to 48 years for each of the six guilty counts.

Three months ago, on October 26, 2020, an appeals court overturned Barton’s conviction because the trial judge removed a juror who reportedly refused to deliberate.

The appellant court did not dispute that Barton committed unlawful acts on boys.

“The evidence was more than sufficient to support the jury’s implied finding that Barton committed the sexual acts by means of duress. Thus Barton’s challenge to the sufficiency of the evidence to support the jury’s verdict is meritless,” the judge wrote. “While we reverse the judgment due to the error regarding discharge of Juror Number Twelve, Barton may be tried again for these offenses…”

The 18-page decision was written by Associate Justice Richard D. Huffman, and justices Patricia D. Benke and Joan Irion concurred.

Barton’s first trial ended in November 2015. He was acquitted of some charges but the jury could not come to unanimous agreement on other counts.

Patricia Lavermiccoca led the second prosecution of Barton in May 2016, in which he was found guilty. The jury deliberated some days and complained about one female juror who reportedly would not join discussions. Then an alternate juror was substituted in, and the jury came to unanimous decisions in about five hours. Barton was convicted of five felony counts of sexual abuse of one student, plus one more felony molest charge.

Honorable judge Harry Elias sentenced Barton, then 59, to the maximum time allowed by law, 48 years, months for each of the six guilty counts.

Lavermiccoca is expected to prosecute Barton’s next trial, his third trial.

Barton, now 63, is expected to return to local custody in San Diego County on March 3. He has been in California State prison since 2017.

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From Megan's Law website
From Megan's Law website

A top official at a boys academy in San Diego County had his child abuse conviction overturned, and he was granted a new trial by an appellant court.

Jeffery Barton, then 55, was head of schools at the Army & Navy military academy in Carlsbad, when he was arrested and accused of child abuse in October of 2013. He was employed there almost 20 years, from 1994 until his arrest. Accusations first surfaced in June 2013, when Barton was accused of molesting boys from 13 to 15 years of age.

Patricia Lavermiccoca, left, led the second prosecution of Barton in May 2016. Judge Harry Elias, right, sentenced Barton to 48 years for each of the six guilty counts.

Three months ago, on October 26, 2020, an appeals court overturned Barton’s conviction because the trial judge removed a juror who reportedly refused to deliberate.

The appellant court did not dispute that Barton committed unlawful acts on boys.

“The evidence was more than sufficient to support the jury’s implied finding that Barton committed the sexual acts by means of duress. Thus Barton’s challenge to the sufficiency of the evidence to support the jury’s verdict is meritless,” the judge wrote. “While we reverse the judgment due to the error regarding discharge of Juror Number Twelve, Barton may be tried again for these offenses…”

The 18-page decision was written by Associate Justice Richard D. Huffman, and justices Patricia D. Benke and Joan Irion concurred.

Barton’s first trial ended in November 2015. He was acquitted of some charges but the jury could not come to unanimous agreement on other counts.

Patricia Lavermiccoca led the second prosecution of Barton in May 2016, in which he was found guilty. The jury deliberated some days and complained about one female juror who reportedly would not join discussions. Then an alternate juror was substituted in, and the jury came to unanimous decisions in about five hours. Barton was convicted of five felony counts of sexual abuse of one student, plus one more felony molest charge.

Honorable judge Harry Elias sentenced Barton, then 59, to the maximum time allowed by law, 48 years, months for each of the six guilty counts.

Lavermiccoca is expected to prosecute Barton’s next trial, his third trial.

Barton, now 63, is expected to return to local custody in San Diego County on March 3. He has been in California State prison since 2017.

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Comments
9

Jeffrey Barton is currently in prison in Central California, and is expected to be transferred to local jail in San Diego County for his next trial, his third trial.

Feb. 9, 2021

Great. Prosecute the SOB for the third time, and keep his a** in jail/prison where it belongs.

Feb. 9, 2021

That case was strange, in that he had been investigated for such activity more than once previously, and no charges were filed. But, the story went, he was warned to avoid even the hint of impropriety and keep his distance from the cadets. What a fool he had to be to offend again, and get caught. The leadership of the ANA was asleep at the switch for allowing it to reoccur. The head of the ANA, a retired army brigadier general, was out of there as soon as Barton was arrested. Later it was revealed that Barton had left a private school somewhere else in the nation after accusations of the same sort of abuse. But he'd managed to get that school to stay mum about why he left its employ. Yet, he kept a copy of the documentation hidden in his car, and it was found by the cops after his arrest here, adding credence to the charges being brought. Without those documents the local authorities would likely have never known about it.

Good to have you back, Eva!

Feb. 10, 2021

Jeffrey Barton is scheduled to be in the Vista courthouse (most likely by video monitor) in Department 1, in one week, on March 3, 2021, Wednesday. His assigned public defender is Sherry Stone, a very experienced and aggressive defender. Barton, who is now 63 and still in California State Prison Avenal, was previously scheduled for possible parole in October 2038. Thank you for your welcoming words, Visduh!

Feb. 24, 2021

The case is being retired due to a technicality not because the judge thought he was innocent. Hopefully the third time will be the charm. I am sure he has new friends in prison.

Feb. 17, 2021

Convicted child abuser Jeffrey Barton did not appear for his scheduled hearing today, Wednesday March 3, 2021. In fact, he was never moved into local custody in San Diego County, and he remains in custody at California State Prison Avenal. Prosecutor Patricia Lavermicocca has filed “an order to produce” Barton for a hearing on March 23 at 9 a.m. in Department 5 of the North County Superior Courthouse in Vista.
(there is courthouse gossip that Barton's very-experienced and aggressive defense counsel Sherry Stone is trying to negotiate a plea deal so the prisoner can be released for "time served.")

March 3, 2021

Jeffrey S Barton unexpectedly appeared on the calendar for tomorrow morning, Monday, March 8, in San Diego's North County Superior Courthouse in Vista. The calendar lists him appearing in "department 12" from 9 am to 9:15 a.m. He is shown as remaining in California State prison Avenal, so it should be an appearance by video monitor. Anyone can listen in to this hearing, by connecting through YouTube (audio only, there will be no visual). These remote court appearances are NOT SAVED on the YouTube platform, they are only broadcast once, live. The link to hear this court appearance is below, scroll down the page to find North County, department 12 and click on that line. The audio is turned off and on in the courtroom, some patience required. http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643277&_dad=portal&_schema=PORTAL

March 7, 2021

Prosecutor Patricia Lavermiccocca stated the “remote hearing” was held yesterday, March 8, with Jeffrey Barton appearing by video monitor, he remains in Avenal state prison. His next hearing is currently set for May 24, in Dept 1 of the Vista courthouse at 9 a.m. At that next hearing, a September date for jury trial might be confirmed.

March 9, 2021

Jail records show that Jeffrey S Barton, 63, is now in local jail in San Diego County, moved from California State Prison. Barton has a hearing next scheduled for Monday, May 24, 2021, in the Superior Courthouse in Vista, just moved to Department 21. This hearing might confirm a date for his next trial, his third trial. Anyone can listen into this Monday morning hearing by going to the link below, scroll down to North Department 21, and click on that link. You can hear that LIVE ONLY, it is not saved online, and there is NO VISUAL, just audio.

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643277&_dad=portal&_schema=PORTAL

May 21, 2021

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