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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

AURORA, Colo. — Police detained and handcuffed a Black mother and four children after mistaking their SUV for a stolen motorcycle from another state.It happened in the parking lot of a shopping center off of Buckley Road and East Iliff Ave. Sunday morning."Why are you now placing these children on the ground face into the concrete? It's hot! In front of all of us? Screaming at them. They are telling you they are hurt," witness Jenni Wurtz said.Wurtz recorded the incident along with several other witnesses.She says a police car slowly pulled behind the family. The officer drew their weapon on the family and ordered them out of the car. Several of the children were handcuffed."That makes me very mad because I am not anti-police. I'm anti- what happened yesterday, and that was ridiculous," Wurtz said.The car the family was driving was not stolen. Police used a license plate scanner to gather information on vehicles in the area. They should have been looking for a motorcycle with the same plate from another state.Interim Aurora Police Chief Vanessa Wilson blamed the license plate reader, but could not explain why the dozens of officers who responded did not confirm the vehicle description."I totally understand that anger, and don't want to diminish that anger, but I will say it wasn't a profiling incident. It was a hit that came through the system, and they have a picture of the vehicle the officers saw," Wilson said, defending her officers' actions.After officers realized the mistake, the family was uncuffed, but more officers continued to arrive. Video shows more than a dozen officers standing around the traumatized family."I do not think a stolen vehicle is worth traumatizing the lives of children. On top of that, I was 20-feet away with a drawn gun. They didn't even tell me to move, secure the scene. They didn't do anything," Wurtz said.Wurtz filed a complaint with internal affairs. She believes the police department's policy needs to change.By Monday evening, an internal investigation was underway following the incident, according to Wilson. She released the following statement on Monday."We first want to offer our apologies to the family involved in the traumatic incident involving a police stop of their vehicle yesterday. We have been training our officers that when they contact a suspected stolen car, they should do what is called a high-risk stop. This involves drawing their weapons and ordering all occupants to exit the car and lie prone on the ground. But we must allow our officers to have discretion and to deviate from this process when different scenarios present themselves. I have already directed my team to look at new practices and training. I have called the family to apologize and to offer any help we can provide, especially for the children who may have been traumatized by yesterday's events. I have reached out to our victim advocates so we can offer age-appropriate therapy that the city will cover."Sunday's incident comes as the Aurora Police Department faces continued criticism over its handling of the death of Elijah McClain. McClain died in police custody in 2019, but the case has garnered nationwide attention amid widespread protests in favor of police reform.This story was originally published by Jessica Porter on KMGH in Denver. 3318

ATLANTA (AP) — Former President Jimmy Carter marks his 96th birthday Thursday, the latest milestone for the longest lived of the 44 men to hold the highest American office.Carter planned to celebrate at his home in Plains, Georgia, with his wife of 74 years, Rosalynn Carter, according to a spokeswoman for the Carter Center in Atlanta.The 39th president, in office from 1977-81, has largely receded from the public eye amid the coronavirus pandemic and his own health challenges due to a series of falls in 2019. He previously survived a dire cancer diagnosis in 2015.Yet Carter remains a quiet force still active in both politics at home and, through his post-presidential center, in public health and human rights advocacy around the world. 751

As schools start re-opening around the country, daycare and early childhood education centers are opening too.A question on the mind of parents is, "Should you send your toddler or preschooler back?"Like every other working mom, Danielle Green admits it's challenging. She basically has two jobs. Her career as a scientist, and her around-the-clock job of mom to 2-year-old Corey and 6-month-old Dylan keeps her busy.“Having children is a full-time job in itself so it turns more into a full-time job watching kids during the day and then doing the work during nap and evening,” Green said.It’s is not only exhausting, but she says, it's 100 percent, not realistic.“It adds a lot of stress for parents,” Green said. “For me, it added a lot of stress because we want to dedicate as much time as we can to our kids and so I took the path to dedicating everything to my kids and doing the work while the kids were sleeping.”So, when her daycare opened back up, Green and her husband talked and decided it was time.“There’s uncertainty in sending a child to daycare during a pandemic, but if we’re being realistic, eventually our kids are going to have to go back to school, so the question becomes at what point do we re-enroll them,” Green said.It's a topic that parents all around the country are discussing, because we all know it’s hard to do both. Parenting expert Gigi Schweikert said give up the dream of doing it all because no one can.“What I know as a working parent of four is that you can’t give your work 100% and you can’t give your children 100% so having your children in childcare gives them the opportunity to have the education socialization and guidance they need while you as a working parent can have that individualized concentrated time to give work your full attention,”Schweikert said.But to send your children back during a pandemic isn't easy. You have to do quite a bit of homework, make sure no one is allowed in the center aside from your child and staff members, and review all the protective measures for your county and state.Things like temperature checks, masks and face shields are being required at some daycares. Experts suggest inquiring about ventilation and cleanliness. And get parent referrals. A lot of them.“What really is important is trust. You’re going to need to check off all the boxes of making sure people are cleaning, making sure air is really good. Instinctually once you make that checklist, you have to say as a parent, 'Do I trust these people with my most important thing which is my child,'” Schweikert said.There are some things that might be missing because of COVID-19, like parent and teacher visits. Some facilities like Lightbridge Academy are now reliant on electronics and in-center cameras.Green said she's confident in her decision. Her boys are happy and healthy every day, and she feels confident that she's successfully managing her career.“It makes me feel good to know that the daycare is actually practicing the appropriate safety precautions and wearing the appropriate protective equipment, take temperatures it is an added measure,” Green said. 3130

As our country works to rebound, we're helping you manage the pressure as the pandemic is shifting caregiving responsibilities.More millennials are taking on this responsibility now. They're becoming a greater percentage of what's known as the "sandwich generation." Those are people who are caring for both their own kids and their aging parents.New numbers from insurance company New York Life show a third of millennials are doing this now.“We're not replacing the typical 49-year-old woman who's the family caregiver. She's still doing it, but the need is so great that more and more young people are called into the role as well and that's going to continue well after the COVID pandemic,” said John Schall, CEO of the Caregiver Action Network.Nearly half of the so-called "sandwich generation" expect to be a caregiver in some capacity for six or more years.The added financial strain is one concern. Schall says out of pocket expenses can be about a thousand dollars a month.More than half of these caregivers say they're spending more than usual per month to care for others as a result of the pandemic. That means they're contributing less to their savings and their retirement.There's also the concern about the mental toll.“With millennial generation caregivers, you may not be thinking about depression, you know, at that age, but the fact is the sheer stress of the role of being a family caregiver increases that risk of depression twice as often,” said Schall.If you are feeling overwhelmed, the caregiver help desk from the Caregiver Action Network can be one place to turn. You can call them free of charge at 855-227-3640. 1648