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BAKERSFIELD, California — A Kern County, California judge decided Thursday to set free a man who's been on death row for 26 years.Vicente Benavides, 68, was freed from San Quentin Prison Thursday afternoon.The judge said all Benavides' charges were changed to not guilty.  His defense attorney told KERO television station that Benavides will not have to return to Kern County.On Tuesday, District Attorney Lisa Green made the announcement that her office would not file charges against Benavides, saying the case would be nearly impossible to retry in court. She said it would be very difficult to convince a jury beyond a reasonable doubt of Benavides' guilt.According to a decision released by the California Supreme Court last month, the convictions of Vicente Benavides in 1993 "were based on false evidence and that he received ineffective assistance of counsel."The decision also says that "false evidence was introduced at trial and that petitioner's convictions of substantive sexual offenses, special-circumstance findings, and judgment of death must be vacated."Benavides was convicted in 1993 of first-degree murder, rape, and other charges. He was sentenced to life. He was serving his term on death row in San Quentin. It was asked that his murder conviction be reduced to second-degree murder. That was also thrown out. The judgment has been vacated entirely. Benavides' defense attorney says his client's case is extremely rare, saying only two similar cases have occurred since the death penalty was reinstated in the 1970's.The California Supreme Court cited multiple doctors who evaluated 21-month-old Consuelo Verdugo in November 1991 when she died. The baby was taken from the Delano Regional Medical Center to Kern Medical Center then eventually the UCLA Medical Center where she died November 25, 1991.Multiple reports were made by doctors who said based on the inability to insert a catheter, bruising found near Consuelo's genitalia and other factors, they believed she had been sexually assaulted. 2101

At this point, a day or two without power seems like just a minor inconvenience. Maybe some spoiled milk in the fridge. Or the frustration of a drained cellphone.But much of eastern Florida hasn't had electricity since last weekend. And parts of the state's battered west coast might not get power for another 10 days.The danger was exemplified Wednesday, when eight people died in Hollywood, Florida, after their nursing home lost air conditioning. The residents' causes of death are being investigated."I'm afraid the death toll from Irma is not over yet," said Craig Fugate, former administrator of the Federal Emergency Management Agency. Fugate himself had no power Wednesday in his Gainesville home.Electricity can literally be a lifeline, powering everything from hospitals to oxygen tanks.So, what will 10 days without power look like? Here's what to expect, and what to do about it: 904

As the COVID-19 pandemic progresses, researchers say it is important to track how the coronavirus mutates because it could affect the efficacy of a vaccine.Like all living cells, viruses evolve their chemical make-up changes. In viruses like the flu, that happens frequently, which is why every year there is a new vaccine to treat whatever strain is expected to circulate. With COVID-19, however, those mutations happen much slower, according to research out of Arizona State University.“One of the things we’re still keeping an eye on is the evolution of this virus because that virus is still around in the community,” said Dr. Efrem Lim, an assistant professor at ASU. “Everyone is coming in blind to this. This is a novel virus. This isn’t something we have seen before.”In March, Arizona State University played host to our country’s fourth COVID-19 case. As soon as it was detected, Dr. Lim started studying how the virus mutates and sent his findings to the World Health Organization. It's something that still continues to this day.“This virus, overall, mutates pretty slowly, which is a good thing,” said Dr. Lim. “However, we can have instances where the virus can have very large, dramatic, mutations, such as deletions in the genome.”While rare, Dr. Lim says those mutations can be significant as it changes how the virus acts inside the body.Currently, scientists are focusing much of their efforts on identifying ways to eliminate the function of the spike protein in COVID-19, as it is the way the virus binds to our cells and infects them (spike proteins are the stalks that protrude from the center of the virus that make it so recognizable).“It is very good news that the virus is not changing rapidly,” said ASU virologist Dr. Brenda Hogue. “We will have to see over time, as the virus continues to circulate, as we put a vaccine into play, whether or not there will be any issues.”Dr. Lim says right now there does not appear to be any issues because the virus mutates slowly, but he adds it could adapt to a vaccine once one begins to circulate.He says more testing needs to be done to determine that, however. 2140

ATLANTA — Georgia's legislature on Tuesday passed hate crimes legislation deemed essential by state leaders, sending the measure to Gov. Brian Kemp's desk.Georgia is currently one of four states in the U.S. without hate crime laws.The price Republicans exacted for moving that legislation forward was the simultaneous passage of a bill that would mandate penalties for crimes targeting police and other first responders.The action comes after Senate Republicans had added police as a protected class to the hate crimes legislation last week, but then moved those protections to a separate bill in a deal between the parties.Kemp's office said in a statement that he'd sign the hate crimes bill, pending a legal review.The bill's passage comes amid weeks-long protests against systemic racism throughout the country. The protests were sparked by the death of George Floyd, who died in police custody in Minneapolis after bystander video showed an officer kneeling on his neck for more than eight minutes.The passage also comes weeks after three arrests were made in connection with the shooting death of Ahmaud Arbery. The 25-year-old Arbery was killed in Burnswick, Georgia in February, and his case changed jurisdictions several times due to one of the suspect's connections with the local District Attorney's office. It wasn't until days after a video of the altercation leaked to the public in May that two of the men, Gregory and Travis McMichael, were arrested and charged with murder. A third man, William "Roddy" Bryan, was also charged with murder a few weeks later. 1582

ATLANTA (AP) — Georgia’s governor, Brian Kemp, is explicitly banning the state's cities and counties from ordering people to wear masks in public places.He’s voiding orders that at least 15 local governments across the state had adopted even though Kemp had earlier said cities and counties had no power to order masks.The Republican governor has instead been trying to encourage voluntary mask wearing.An increasing number of other states have ordered residents to wear masks in public, including Alabama, which announced such a ban Wednesday.Kemp’s move is likely to infuriate local officials in communities that had acted, including Atlanta, Augusta, Savannah, Rome and the governor’s hometown of Athens-Clarke County. 729