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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 the counting of ballots continue, one trend is emerging: the final result will be close. A potential consequence of that will be a recount. Perhaps in one state or in multiple states. RECOUNT RULESEach state handles recounts differently. For example, in Arizona, an automatic recount is triggered if the margin between candidates is less than or equal to 0.1 percent of the votes cast. In Georgia, candidates can request recounts if the margin is no more than .5 percent of total votes cast.DO RECOUNTS CHANGE ANYTHINGAccording to FairVote.org, recounts rarely change races. Since 1980, there have been 5,778 statewide elections.There have only been 31 completed statewide recounts.Only three have been overturned because of a recount.Perhaps the most famous recount of all was in Florida in 2000.But the 2000 Florida Recount only shifted the final margins by 1,247 votes or 0.02%In a recount in Wisconsin in the 2016 Presidential race, the final margin only changed by 571 votes. "I believe recounts in themselves are not in favor of those who have lost a race unless it's a very close margin," Dr. Eric Claville, a political scientist with Norfolk State University said. 1183

Authorities say a St. Louis police officer who was shot in the head while responding to a shooting on the city’s south side has died.Twenty-nine-year-old Tamarris L. Bohannon had been with the department for nearly four years.St. Louis Police Department spokeswoman Officer Michelle Woodling says a second officer who was shot in the leg was treated and released after the shooting around 6 p.m. Saturday in the South Grand neighborhood.The gunman barricaded himself inside a home and police negotiated with him for nearly 12 hours before the 43-year-old was taken into custody Sunday morning.Police have released no details about his arrest. 650

BAKERFIELD, Calif. - An Oildale, Calif. 11-year-old tried to kill himself after his tablet was taken away, according to court documents obtained by Scripps affiliate KERO-TV.The documents show Kern County Sheriff's deputies were called to the Woodrow Avenue Sunday evening for reports of an attempted suicide.The boy's mother told deputies she found her son hanging in his bedroom closet by a sweater.The mother said she pulled him from the makeshift noose and called 911. Deputies performed CPR when they got there and the boy was then taken to the hospital for further treatment. His condition at this time is not known.The mother told deputies that the boy was upset about his tablet being taken away from him.If you or someone you know needs help, call the Kern County Mental Health Hotlines: (24/7)Suicide Prevention Hotline:  1-800-273-8255Crisis Hotline:  1-800-991-5272? 901

As President Donald Trump attempted to sow doubt on this week’s presidential election during a Thursday news conference, several Republican lawmakers criticized Trump for his comments.Currently, Joe Biden is projected to be ahead in the Electoral College vote. Biden is ahead by a 264-213 margin, according to the Associated Press.Trump made a multitude of false and misleading statements to sow doubt into the legitimacy of the election. Among them, Trump said that he won the state of Michigan. Biden won Michigan by a 150,000- vote margin.Maryland Gov. Larry Hogan was among those who offered the strongest criticism of Trump. 637

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