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The Kern County, California District Attorney's Office has decided not to file charges against a man who was on death row for more than two decades, setting him free.Lisa Green made the announcement on Tuesday, 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. 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 off the inability to insert a catheter, bruising found near Consuelo's genitalia and other factors, they believed she had been sexually assaulted.In the report put out by the California Supreme Court, many of those doctors then admitted later they were wrong in their initial assumptions and those issues "can instead be attributed to medical intervention," like multiple attempts at inserting a catheter.Speaking on behalf of Benavides’s post-conviction legal team after the conviction was lifted, the Habeas Corpus Resource Center’s Interim Executive Director, Michael J. Hersek said he and his team were pleased with today's decision. 2113

The Human Rights Campaign on Sunday called for the Trump administration not to go forward with a rollback of protections for transgender people, following a report in The New York Times on a draft proposal."Setting a destructive precedent, the Trump-Pence administration intends to erase LGBTQ people from federal civil rights protections and eviscerate enforcement of non-discrimination laws," the group's president, Chad Griffin, said in a statement.HRC is among the nation's most prominent LGBTQ rights groups, and its statement Sunday called on Congress to pass legislation enshrining protections it says are at threat should the Trump administration go forward with the reported plan.The Times report said the Department of Health and Human Services is working to define sex under Title IX as solely male or female at birth, with no room for change. The proposal could formally be presented to the Justice Department by the end of the year, sources told the Times."Sex means a person's status as male or female based on immutable biological traits identifiable by or before birth," the proposal says, according to The Times. 1137

The other shoe has dropped for struggling sneaker company Under Armour.Under Armour reported quarterly sales Tuesday that fell nearly 5% from a year ago, missing forecasts badly. The company also lowered its outlook for the year again.That news sent the company's two classes of stock down more than 15% Tuesday. They had already lost nearly half their value for the year ahead of the earnings report. (Under Armour's UAA shares have voting rights while the UA shares do not.)CEO Kevin Plank said in the earnings release that the biggest problem is lower demand for its shoes and athletic apparel in its home market of the United States.The Baltimore-based company has been growing internationally, with sales surging in Europe, Latin America and Asia during the quarter.But those markets are still relatively tiny for Under Armour. Revenue in North America makes up more than three-quarters of its overall sales -- and those sales plunged 12% in the third quarter.It's a stunning fall from grace for Under Armour, which not that long ago was gaining market share at the expense of Nike and Adidas.The company signed Golden State Warriors star Steph Curry a few years ago, a move that seemed like a slam dunk success, since Curry has gone on to win multiple NBA MVP awards and two championships.But several iterations of the Curry shoes have routinely been mocked on social media for not looking cool. Even Curry's teammate Kevin Durant, who endorses Nike, poked fun at Under Armour earlier this year.Making matters worse, there have been reports of supply chain issues with the new Curry 4 line of sneakers. And Under Armour confirmed during its conference call with analysts Tuesday that it will delay some products to the fourth quarter.Under Armour also suffered from bad PR earlier this year after Plank agreed to join the White House's now defunct manufacturing council. Plank said in an interview with CNBC that "a pro-business president is something that is a real asset for the country."Curry told The Mercury News that he agreed with Plank -- but only "if you remove the 'et' from asset." Other professional athletes have been vocal about their disagreements with Trump as well.As such, Plank -- like many other CEOs -- has distanced himself from Trump lately.After Trump was reluctant to criticize neo-Nazis at a white supremacist rally, he then bashed Curry for not wanting to visit the White House and attacked athletes who protested the national anthem. Under Armour has come to the defense of its star endorsers.But that hasn't been enough to rejuvenate Under Armour's flagging sales or stock price.Meanwhile, Adidas has thrived in the past year while Under Armour and Nike have both struggled. Even Skechers has enjoyed a resurgence lately.So what can Under Armour do to get back on track? Neil Saunders, managing director of the research firm GlobalData Retail, wrote in a report that the company should continue to focus on expanding globally, which has been successful for Under Armour.But Saunders added that the company has to do more to court women as consumers, as Nike, Adidas and yoga apparel king Lululemon have successfully done."Under Armour is not so broken that it cannot be fixed. But the days of glory, when it would post double-digit uplifts in sales, are over. Now is the time to work out, slim down, and become more competitive," Saunders wrote.  3394

The moves are still, sharp, and strong. Similar and yet so different than the moves these students used while serving our country. In this class the yoga students are all veterans. And these poses have helped them with much more than flexibility."My post traumatic stress was going so fast," says William Walls, a Marine who served in Iraq. "You accept the fact that possibly every day you could die, that's really what it is."And his transition back to civilian life, wasn't so easy. "I ended up spending a little bit of time in jail," Walls recalls. "Had a drinking problem and I didn't realize it was a problem. And yeah and it's just been, it was hell."He tried medicine, therapy and was still battling depression when he received an unexpected recommendation."My therapist kept saying hey why don't you try yoga," Walls remembers. "And I'm like no that's for other people. I'm a big bad tough marine. I don't need yoga."He eventually tried it, and can still remember his first class. "I just started to cry," Walls says. "And I don't even know why I started to cry just something was released inside of me. Something was letting go and I realized like I like this. I like this a lot. This is better than drugs and alcohol."Now Walls is not only a yoga student, but is becoming a teacher through this program, called Comeback Yoga. Everyone in the organization is a volunteer. And co-founder Margot Timbel says every veteran, no matter their level, is welcome."Don't be intimidated if you think yoga is for flexible people or that yoga is for people who have to be able to stand up and get up and down off the mat all the time," Timbel says. " Yoga is for every body and everybody."Now these veterans are experiencing a camaraderie of a different kind."They have experienced the same things you have and may even have the same problems," says veteran Curtis Schaub.And they are hoping more who sacrificed to serve will join them on this unexpected path.The Comeback Yoga classes are free for veterans and their family members. 2043

The novel coronavirus pandemic is impacting normal routine, and that includes elections.By now, both presidential campaigns would traditionally be crisscrossing the country, holding rallies for thousands in various swing state cities. But that's not the case.TRUMP'S STRATEGY VS BIDEN'S STRATEGYPresident Donald Trump has stopped rallies following his appearance in Tulsa, Oklahoma, where crowds did not meet expectations. However, the president is using the power of the office to still travel to swing states and hold official White House events. In the last three weeks, President Trump has held official White House events in Texas, North Carolina, Georgia, Florida and Ohio. Meanwhile, the Democratic nominee, Joe Biden, has suspended virtually all swing-state travel. Biden has made several speeches in Pennsylvania, but that is a quick drive from his home in Delaware. Instead, Biden has campaigned virtually, holding online streaming events, while granting interviews to several local television stations in swing states. IS BIDEN'S STRATEGY WORKING? President Trump has attacked Biden's strategy, saying the former vice president "won't get out of his basement." The Biden campaign believes it is has energized supporters. "We are campaigning in a way that we can keep our supporters, our staff safe, but we are still getting the vice president’s message out," TJ Ducklo, press secretary for the Biden campaign, said. When asked if Biden supporters may get tired of virtual events by the November election, Ducklo said, "We are seeing an incredible amount of support throughout the country."WHAT OUR REPORTERS ARE SAYINGTo get insight into whether the Biden strategy is working, we asked Scripps' political reporters in Detroit and Cleveland to ask their sources."I don’t know if the virtual events are mobilizing voters beyond those that are already mobilized," said John Kosich, political reporter with WEWS in Cleveland."I think the novelty of politics as a whole has worn off," weighed in Brian Abel, a political reporter with WXYZ in Detroit. "People are ready to cast their votes." 2104