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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 latest stimulus package passed by Congress is one of the longest bills to be pushed so quickly through the Senate and the House. The final bill was handed to lawmakers just hours before they voted on it.“This bill is too long, too complicated,” said Thea Lee, president of the Economic Policy Institute (EPI).EPI expects the 0-billion package will provide an instant jolt to our economy by extending unemployment benefits and enhancing them by 0 a week. It also includes a 0 stimulus check for millions of Americans and billion for housing and eviction protection.There are hundreds of billions of dollars for Paycheck Protection Program loans, intended for small businesses. However, those touted benefits only take up a couple of pages in the nearly 5,600-page bill."There are things in there that don’t belong in there,” said Lee.In fact, as more experts and government watchdog organizations start to sift through the stimulus bill, which was also tied to an ominous spending bill, the list of non-pandemic related funding and measures grows.“Some of it is things like horse-racing commissions [funding] and so on, but some of it shouldn’t be in there because it is helping either people or businesses that don’t need the help,” Lee explained.For example, there’s a tax break on alcohol, and Lee pointed out the alcohol industry is one that has actually thrived during the pandemic. Legislators also included a tax break for what has been dubbed the Three Martini Lunch.“It’s a deduction for business people who are having expensive lunches out. That has been extended in this bill,” said Lee. "That is not the best way, the most targeted way to help the restaurant industry.”For all of the non-pandemic-related measures squeezed into this latest deal, there is a surprise in what did not make it in.“The most important thing that is not in the stimulus bill is aid to state and local governments,” said Lee. "If they don’t get enough aid from the federal government, they will have to start laying off workers.”Another thing not in the stimulus bill was an extension on the student loan payment pause. Many student loan borrowers will have to start repaying loans in January and interest will begin accruing again.There is also, notably, no transparency requirement tied to small business PPP loans. Watchdog organizations, like U.S. Public Interest Research Group, have been calling for it for months, given all the issues seen with the first round of PPP loan funding."The Department of Justice has actually indicted 57 people so far from stealing over 5 million from the PPP loan program,” said RJ Cross with U.S. PIRG.Also, lawsuits filed by several news organizations forced the Small Business Administration to reveal more names of companies that have received the forgivable loans. The result has shown that most of the PPP loans issued in the first round, more than 0 billion, went to larger than intended business. The smallest businesses, in which the loans were intended for, actually struggled to get the funding they needed.U.S. PIRG has fought for months to get transparency requirements tied to PPP loan money to prevent further fraud and corruption in the program, and the group was surprised that was not included in this latest stimulus package.“If folks are very clear on the fact that information about their loans, their application, and their businesses will be made public, it helps to deter a lot of fraudsters in the beginning,” Cross added. “Congress largely squandered that opportunity to strengthen those measures that would increase public trust in the PPP program.”Congress is expected to immediately begin working on yet another stimulus bill in January and could address some of the concerns with this latest bill."I hope that Congress can come back in 2021 and take up the elements that are missing from this bill,” said Lee. 3894

The man accused of setting a Southern California fire that has burned more than 19,000 acres appeared in court Friday and said, "It's all a lie!" as a judge read the charges against him.Forrest Gordon Clark, 51, did not enter a plea during the brief appearance in an Orange County courtroom. When the judge explained the process further to him, Clark said, "I comprehend. I do not understand though."He is due back in court August 17 for arraignment and bail review.Clark was charged Thursday with aggravated arson and criminal threats, among other offenses, in starting the Holy Fire in Cleveland National Forest that has scorched 19,107 acres and was 10% contained as of Friday night, according to forest officials. 725
The photos from doctors came quickly and in succession: blood-stained operating rooms, blood-covered scrubs and shoes, bullets piercing body parts and organs.The pictures on Twitter were an emotional response to a smackdown by the powerful gun industry lobby, which took issue with the American College of Physicians' call late last month for tighter gun control laws. The recommendations included bans on "assault weapons," large capacity magazines and 3D-printed firearms."Someone should tell self-important anti-gun doctors to stay in their lane. Half of the articles in Annals of Internal Medicine are pushing for gun control. Most upsetting, however, the medical community seems to have consulted NO ONE but themselves," the National Rifle Association tweeted.Physicians across the United States seized on the phrasing, taking to Twitter with 22,000 comments and the hashtags #thisismylane and #thisisourlane, posting photos of their encounters with gun violence and offering their own personal stories of treating such wounds.The debate gained new urgency this week with the shooting death of an emergency room doctor outside the hospital where she worked, as physicians argue shootings are a public health crisis that they must play a key role in trying to stem. Dr. Tamara O'Neal was killed Monday outside a hospital in Chicago in what police say was a dispute with her ex-fiance. The shooter and two other people — a responding police officer and a resident in the hospital's pharmacy — also died."It just shows that not only is this is in our lane, but this happens to us," said Dr. Joseph Sakran, a trauma surgeon at Johns Hopkins Medicine in Baltimore who as a 17-year-old was shot in the throat by a stray bullet fired during a dispute at a high school football game.Sakran created a Twitter account @ThisIsOurLane which in just two weeks has attracted nearly 15,000 followers. They include Dr. Peter Masiakos, a pediatric trauma surgeon in Boston, who wrote "The Quiet Room" just hours after the mass shooting at a church in Sutherland Springs, Texas, about breaking the news that a loved one has died."We need to start talking about this as a public health issue. Politics aside, we have a problem that no other country has, and we shouldn't," Masiakos said.About 35,000 people each year are killed by guns in the United States, and about two-thirds are suicides. That's about 670 people per week and among the largest number of civilian gun deaths in the world.The world's highest rate of gun deaths is in El Salvador with a rate of 72.5 per 100,00; the rate in the U.S. is 3.1 per 100,000. Among all European countries, the rate never breaks 1 gun death per 100,000, according to Small Arms Survey, a Switzerland-based research organization that examines firearms and violence."These are not just statistics. These are people, mothers, fathers, brothers, sisters that are being killed," Sakran said. "The worst part of my job is having to go out and talk to these families and to tell them that their loved one is never coming home."It's not the first time that medical professionals have taken on powerful industries: auto companies over seat belts, Big Tobacco over cigarettes and toys that posed choking hazards. It's also not the first time that the gun lobby has pushed back against the medical community or researchers it considers to be biased. In the 1990s, Congress barred the Centers for Disease Control from conducting research that advocated or pushed for gun control; while it didn't ban research from being conducted, it did have a chilling effect.More recently, the NRA backed legislation in Florida — eventually overturned in court — that would have barred doctors from asking patients about guns in the home.Dr. Stephanie Bonne, a trauma surgeon in New Jersey, was in the hospital when she saw the dispute playing out on Twitter."I was reading this, and I was like 'Stay in my lane', are you kidding me? Gun violence is something I deal with every day. We're mopping it up in the hospital every day," she said. "My second sort of reaction is maybe people ought to see what this lane is really all about."Bonne works at a Level I trauma center — the top-level hospital for treating the most serious cases. Her hospital sees about 600 gunshot wounds each year, and she described the toll that unfolds: medically, psychologically and financially."It's always tragic and it's always preventable," Bonne said.Dr. Judy Melinek, a forensic pathologist in the San Francisco Bay area, examines the dead. She took to Twitter to push back at the gun lobby, posting: "Do you have any idea how many bullets I pull out of corpses weekly? This isn't just my lane. It's my (expletive) highway.""The chutzpah, the gall is what really got to me," Melinek told The Associated Press. "The NRA seems to think they've cornered the market on expertise when it comes to guns. And that's not correct."She's conducted about 300 autopsies involving gunshot wounds, about half of those suicides. She's seen the damage from bullets and believes more and better research would help prevent gun violence.Would GPS tracking on firearms or high-tech trigger locks make firearms safer, for example?Dr. Arthur Przebinda, director of the gun rights advocacy group Doctors for Responsible Gun Ownership, said the pushback from physicians is largely driven by more liberal forces within medical academia and based on ignorance about firearms.He described it as old, tired debate that shows a knee-jerk bias against firearms. Rather than stripping away constitutional rights, physicians should focus on finding ways to study the underlying causes of violence, he noted."These virtue-signaling physicians would be in their lane if they pursued better surgical techniques, better postoperative treatments. They are in the wrong profession if they want to cure society's ills," Przebinda said. "If that was their life's calling, they should have pursued a career path in psychology, criminology or the clergy."___This story has been amended to correct the first name of Dr. Judy Melinek. 6087
The mayor of Compton, California, has told the Los Angeles Times that she is launching a pilot program with a local non-profit that will give 800 residents a "guaranteed income" over the next two years.Compton Mayor Aja Brown told the Times that a non-profit called the Compton Pledge would select 800 low-income residents and distribute a "guaranteed income" to them for the next two years.According to the Times, the participants will be selected from a "pre-verified" list of low-income families in the area. Over the span of two years, the Compton Pledge plans to provide the families with "at least a few hundred dollars on a recurring basis" without any strings attached. The program will also provide families with financial guidance and track their spending and well-being throughout the process.While the Compton Pledge has not said where it is getting its funding or how much participants would receive, The Los Angeles Times reports that the program hopes to include a "representative sample" of the city's racial makeup in its participants.Once considered a fringe concept, the idea of a "universal basic income" has gained traction among left-wing politicians in recent years. Such a policy would provide all Americans with a monthly stipend which recipients would be free to spend as they see fit. Businessman Andrew Yang ran for the 2020 Democratic presidential nomination based on the idea.The concept gained further traction amid the COVID-19 pandemic when lawmakers agreed to provide most Americans with a ,200 check as the government shut down businesses to prevent the spread of the virus.While critics of a universal basic income claim such a policy would lead to high unemployment numbers and lead to spending on non-essential goods, some studies have shown that's not always the case. A similar program being conducted in Stockton, California, shows that recipients of basic income funds were mostly spent on food, clothes, and utility bills. 1975
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