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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 polls are open in at least four states right now for in-person absentee voting, with more opening in the coming weeks.In Virginia, people waited in line for hours to cast their ballots in the presidential election, more than a month before Election Day. Roughly one or two locations per jurisdiction opened Friday, with others planned to open in the coming weeks.Voters told the Washington Post they wanted to turn in their absentee ballot in person this year, rather than mail it in, citing recent concerns about the postal service.In Minnesota, both President Donald Trump and his challenger former Vice President Joe Biden are visiting the state Friday as it kicks off early voting. Polling locations opened around the state to waiting voters.Voters in Wyoming and South Dakota are also able to complete absentee in-person voting beginning Friday.Vermont voters can vote early in-person beginning Monday, and Michigan and Illinois voters can vote early on September 24Several states are also getting ready to mail out ballots in the coming days.Just because ballots are cast early, does not mean they are counted early. Many states have rules that election officials cannot open absentee, or mail-in, ballots until Election Day. With the anticipated increase in this kind of early voting, there is a chance the winner of the presidential race will not be known on Election Day, November 3. 1404

The midterm elections brought a lot of new firsts, with a record number of women and new minorities serving in office. Supporters are calling it a “rainbow wave.”Minorities of all ages, ethnicities and faiths will now have a voice in Congress. A sweeping 30 seats in the House were snagged, including one by first time Democratic candidate and former Navy commander Elaine Lorea, who flipped her district in Virginia blue.Voters in Michigan and Minnesota elected the first Muslim women into Congress. In Kansas and New Mexico, the nation’s very first Native American women were elected to join the ranks.But it's not just Democratic women shaking up trends. Republican women are making history too.Marsha Blackburn is now the first female Senator in Tennessee. Kristi Noem, the first female governor in South Dakota, also made history.And rounding out the blue and red hues in the rainbow wave is the governor-elect from Colorado.Jared Polis' voters surged the polls, electing him as the first LGBTQ state leader in the Mile High. He is the first publicly gay candidate to be elected as governor in the U.S.The midterms was a melting pot of genders and backgrounds, adding to state government and the new House majority. 1228

The Lancaster County District Attorney’s Office announced Friday that a suspect has been arrested and charged in connection to the disappearance of an 18-year-old Amish woman in Pennsylvania.Justo Smoker was arrested on Friday by East Lampeter Township and charged with felony kidnapping and misdemeanor false imprisonment, the DA's office said in a press release. 372

The Louisville Metro police department has fired one of the police officers involved in the fatal shooting of Breonna Taylor. A termination letter for Officer Brett Hankison released by the city’s police department today said Hankinson violated procedures by showing “extreme indifference to the value of human life." The letter also said Hankinson violated the rule against using deadly force. Taylor, who was Black, was shot eight times by officers who burst into her Louisville home using a no-knock warrant during a March 13 narcotics investigation. Two other officers remain on administrative reassignment while the shooting is investigated.Taylor, who was employed as an EMT, was inside of her home when police conducted a “no-knock raid” on her home. Thinking the police officers were intruders, Taylor’s boyfriend, Kenneth Walker, allegedly shot at police.Louisville Metro Police officers returned fire, striking and killing Taylor.Walker was originally arrested for firing at police, but later was released. 1024

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