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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

As part of the response to one of the deadliest school shootings in US history, Broward County Sheriff Scott Israel told reporters on Wednesday that deputies that patrol high schools in the county will be equipped with rifles. The announcement came on the same day that President Donald Trump called for an end for schools being considered "gun-free." As part of a discussion, which included the families of the 17 people killed during last week's Florida school shooting, Trump suggested that school staff carry guns. "This would be obviously only for people who were very adept at handling a gun, and it would be, it's called concealed carry, where a teacher would have a concealed gun on them. They'd go for special training and they would be there and you would no longer have a gun-free zone," Trump said.  839

As the debate rages nationwide over what to do over a plethora of Confederate monuments, new concern is mounting over a Confederate rally planned for Richmond, Virginia, on Saturday.At the center of the debate is Richmond’s “Monument Avenue,” a collection of statues of Confederate leaders in the former Confederate capital. Back in May, the city’s mayor Levar Stoney said that while he personally believes the monuments are an “endorsement of a shameful past,” he didn’t believe there should be a rush to remove them. He had hoped for a dialogue to take place, and even floated the idea of adding plaques to the statues for more accurate historical context."I think we have an opportunity here in the city to actually be a hub for reconciliation."He created the “Monument Avenue Commission” and even solicited public input in the form of open public meetings. Richmond residents were not shy voicing their opinions.Rita Willis, a former teacher, attended the Aug. 9 public forum to say they are a part of Virginia’s history, whether some like it or not. However she emphasized that if they stay, other statues should be erected that highlight people of other races and ethnicities.George Knight, on the other hand, stood in the auditorium and gave city officials a tongue lashing.“Now is the time to finally get rid of the monuments and replace them with people who actually fought for freedom who actually stood for justice,” Knight said, his voice raising as officials urged him to keep calm. “You lost! Get over it already! Get rid of your participation trophies on monument avenue, get rid of it.”He was met with a spattering of boos as well as cheers.But some attitudes regarding the statues changed following the white nationalist rally last month in Charlottesville, Virginia, which culminated in counter-protestor Heather Heyer losing her life. Stoney is one who’s taken a slightly different position since Charlottesville and believes that perhaps they should now consider taking them down. He wrote in a statement that it had become clear that the statues were being used as a “rallying point for division and intolerance and violence.”The group rallying support around the Robert E. Lee statue on Saturday is a relatively small group out of Tennessee known as “CSA II: The New Confederate States of America.” The group’s president said they were “standing up for their proud heritage” in a nonviolent manner and that any white nationalists or racists who show up to rally with them will not be accepted.He said his message to Richmonders on edge regarding the weekend’s rally is simple: “We are here for peaceful purposes only.”“We will not stand for any violence in Richmond, Virginia.”But the city says they are taking protective measures to be safe. The mayor and police chief announced this week that any objects that can be used as weapons will be prohibited. One type of weapon that won’t be prohibited, however, are guns, as Virginia is an open-carry state.“If you do not respect our city,” Stoney warned, “law enforcement will lock you up."  3084

AURORA, Colo. – Police confirmed Monday afternoon that the man they shot and killed early Monday morning is believed to have shot and killed another man who’d broken into his home minutes earlier.The police shooting happened around in Aurora, Colo. Officers had been called the house on reports that a man had broken into the home.“Officers arrived to a very chaotic and violent scene,” Aurora Police Chief Nick Metz wrote in a news release issued Monday afternoon.Metz said officers who arrived at the scene heard gunshots inside the home and ran into an armed man. An officer shot the man, who died at an area hospital.After clearing the scene, according to Metz, officers found a juvenile injured inside and a man shot dead on the bathroom floor. The child was taken to a hospital for “serious, but non-life-threatening injuries” caused by the intruder, he said.Both men’s identities will be released by the Adams County Coroner’s Office, Metz said. The officer who shot the resident of the home is on standard paid leave.The investigation into the shooting will be conducted by the Aurora Police Major Crimes Unit, the Denver Police Department and the 17th Judicial District Attorney’s Office. Police are also asking anyone who witnessed the shooting to call Detective Randy Hansen at 303-739-6710.“This is a very heartbreaking and tragic situation for everyone involved. We are providing assistance through our victim advocates to help the family of the deceased resident through this very difficult time,” Metz said in a statement. 1555

As the investigation continues into why a female shooter opened fire at YouTube headquarters, data show that it's rare for women to carry out such shootings -- making Tuesday's incident unusual.The shooting unfolded at the San Bruno, California, company premises when a woman shot and injured three people, and then apparently took her own life, officials said.She appeared to have killed herself with a handgun, San Bruno Police Chief Ed Barberini said. The woman has been identified as Nasim Najafi Aghdam, a 39-year-old from San Diego, California. 558

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