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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 number of people unable to make house payments on time has reached a nine-year high, according to a recent analysis of the data.Mortgage delinquencies were at 8.22 percent of all loans for the second quarter of 2020, says the Mortgage Bankers Association.At the end of June, an estimated 4.2 million Americans were on a forbearance plan, meaning they have an agreement with their mortgage lender to delay foreclosure."The COVID-19 pandemic's effects on some homeowners' ability to make their mortgage payments could not be more apparent. The nearly 4 percentage point jump in the delinquency rate was the biggest quarterly rise in the history of MBA's survey," said Marina Walsh, MBA's Vice President of Industry Analysis in a press release. "The second quarter results also mark the highest overall delinquency rate in nine years, and a survey-high delinquency rate for FHA loans."FHA, or Federal Housing Administration, loans are designed for low-to-moderate income borrowers and require a smaller down payment when purchasing a home. The survey found 15.65 percent of FHA loans were delinquent in the second quarter of 2020. That’s the highest rate since the Mortgage Bankers Association began keeping records in 1979.The survey asks loan servicers to report any loan that is not paid back according to the terms in the agreement.The high rate of mortgage delinquencies appear to be connected with availability of jobs. The five states with the largest increases in delinquency rate were New Jersey, Nevada, New York, Florida and Hawaii; all states with a high number of leisure and hospitality jobs that are now in flux because of the COVID-19 pandemic. 1669

The police officer who handcuffed and arrested a nurse for refusing to go against the hospital's policy on drawing blood said through an attorney that he would like to personally apologize for the incident, KUTV reported. Detective Jeff Payne faced criticism for the way he handled an incident in July where he requested hospital employees to draw blood from an unconscious driver who had just been in an accident without that driver's permission or a warrant. The hospital, citing legal precedent, has a policy of not drawing blood without permission or a court-ordered warrant. When nurse Alex Wubbels refused to draw blood, she was handcuffed and placed in the back of a police cruiser. "Jeff would love the chance to sit down and apologize for what happened here," attorney Greg Skordas told KUTV. "If he could do this over he would do it over differently."Payne, along with another officer, were placed on administrative leave by the Salt Lake City Police Department after video of the incident went viral. The department has also since updated it policy regarding blood draws."I think he would love the chance to talk to people about what happened and why it happened and how he would do it differently," Skordas told KUTV. 1262

The Ketogenic, or Keto Diet, seems to be one of the latest diet fads. The diet requires cutting carbs, opting for healthy natural fats, meat, fruits with very little sugar and lots of vegetables that are grown above ground.The menu helps your liver produce something called "ketones" instead of blood sugar. Those ketones burn fat at a much faster rate. 366

The mother whose 1-year-old son was forcefully yanked away by New York Police Department officers last week had her charges dropped and was ordered released on her own recognizance, defense attorneys said.Jazmine Headley, 23, had been arrested Friday at a Brooklyn social services office and faced four charges, including resisting arrest and acting in a manner injurious to a child. Brooklyn District Attorney Eric Gonzalez moved to dismiss the charges on Tuesday."Like everyone who watched the arrest of Jazmine Headley, I was horrified by the violence depicted in the video and immediately opened an investigation into this case," Gonzalez said, adding that the incident should have been handled differently."Continuing to pursue this case will not serve any purpose and I therefore moved today to dismiss it immediately in the interest of justice," he said.Disturbing video of the arrest, in which Headley's son is ripped away by arresting NYPD officers, has sparked sharp criticism from city officials and unfavorable comparisons to Border Patrol actions during the Trump Administration's family separation policy at the US-Mexico border.Headley has been in jail in Riker's Island since Friday, held on an outstanding arrest warrant from July 2017 for failure to appear in connection with credit card fraud, said the sheriff's office in Mercer County, New Jersey.A judge on Tuesday afternoon ordered her release, according to Lisa Schreibersdorf, the executive director of Brooklyn Defender Services who is representing Headley."We ask that her privacy is respected at this time, as she has been through a traumatizing ordeal and has not seen her family in five days," Schreibersdorf said.The decision comes a day after the NYPD said the incident was "troubling" and that they would be reviewing the incident. No NYPD officers have had a duty status change since the incident, an NYPD spokesperson said. Two Human Resources Administration officers involved in the incident are on leave and will be placed on modified duty when they return to work pending an investigation.The Patrolmen's Benevolent Association, the union representing NYPD officers, said the officers were put in an impossible situation."The event would have unfolded much differently if those at the scene had simply complied with the officers' lawful orders," PBA President Patrick J. Lynch said. "The immediate rush to condemn these officers leaves their fellow cops wondering: when confronted with a similar impossible scenario, what do you want us to do? The answer cannot be 'do nothing.'" 2605

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