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TORRANCE, Calif. (CNS) - A woman who was captured on video making a pair of racist rants aimed at Asian Americans at a Torrance park in June is set to be arraigned in October on a separate battery charge dating back to last fall.Lena Hernandez, 54, identified by prosecutors as a retired social worker from Long Beach, is accused of verbally assaulting a custodian at the Del Amo Mall in Torrance last October, and then physically attacking a female bystander who tried to intervene.Hernandez was charged with battery last Thursday and arrested the following day by Torrance police, according to online jail records. She was released later that day on zero bail, under a special schedule set to help prevent the spread of COVID-19.RELATED: Police open investigation into viral video of racist incidentHer arraignment is set for Oct. 5.Hernandez was the subject of two viral videos taken June 10 which showed her going on racist rants against Asian Americans in Wilson Park on Crenshaw Boulevard.The Torrance city attorney's office concluded "there is insufficient evidence to support filing any criminal charges against Ms. Hernandez" in connection with those incidents."A prosecutor in a criminal case shall not institute a charge that the prosecutor knows is not supported by probable cause. Currently, there are critical gaps in the evidence regarding how each incident unfolded that result in the lack of necessary certainty required to initiate criminal prosecution against any suspect," according to a statement the city attorney released last Thursday.In the first case, a woman later identified as Hernandez was caught on video verbally accosting a young woman exercising at the park."Go back to whatever (expletive) Asian country you belong in," Hernandez yelled. "This is not your place. This is not your home. We do not want you here."An Asian man posted a video online showing him and his son being accosted and threatened by Hernandez on the same day."You need to go home," Hernandez tells the man as she walks up and stands so close that her image fills his phone screen. "I don't care about your Facebook or your video. Do you know how many people can't stand you being here? You play games, we don't play games."After threatening the man and telling him he had parked his car too close to hers, Hernandez mockingly called him a "Chinaman."The videos prompted hundreds of people to gather on June 12 at Wilson Park to protest the racist behavior, and city officials held a news conference to identify Hernandez and ask for the public's help to locate her."Our hope is that the members of our community will never have to endure such treatment," Torrance Police Department Chief Eve Berg said then.The city attorney's office said it could not be swayed by public sentiment."It is a prosecutor's solemn duty to analyze a case based on the evidence and triability and not based on politics or public sentiment unrelated to the likelihood of prevailing before a jury," the Thursday statement read. 3016

This image provided by Oakley shows sketches of the new face shield designed by Oakley. With NFL training camps set to start at the end of the month, the league believes it is closer to one answer when it comes to player safety in the midst of the coronavirus pandemic. Face shields for the players' helmets. (Oakley via AP) 333

There are now more than 8 million positive cases of COVID-19 in the US since the beginning of the pandemic, according to Johns Hopkins University.There are more than 218,000 deaths in the country from the coronavirus.Cases are climbing around the country, as some states report numbers of daily new positive cases as large as they saw earlier this summer.Two states on Friday, Illinois and North Carolina, reported their highest daily COVID-19 positive case count ever. Several states are reporting a low number of available hospital beds in their ICUs, including Michigan and North Dakota.Across the country, there have been more than 53,000 new daily cases each day for the last week. That represents an increase of more than 55 percent in just over a month, according to CNN.Health experts worry this surge of cases could indicate a tough winter ahead. They remind people to take precautions: wash hands, wear a mask, avoid crowds, and remain socially distant from others."They sound very simple, but people are not doing that and that's why we have an uptick in cases," Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Disease, told CBS News this week. He also shared earlier this week that his family will not be getting together for Thanksgiving to stay safe this winter. “Don't assume that because you're in your own home with your own family that you're not going to spread infection,” he said.There are more than 39.2 million positive cases of COVID-19 recorded around the world, according to Johns Hopkins. 1555

There have been plenty of presidential elections when Nebraska hasn't cross too many minds. After all, it's a relatively conservative state where President Donald Trump won by 25 points in 2016. But this election, Democrats aren't forgetting about Nebraska, or more specifically, Omaha. DOING THINGS DIFFERENTLY Nebraska and Maine are the two states that award their Electoral College votes based off results in individual congressional districts. For instance, in 2008, John McCain and Barack Obama both received Electoral College votes from Nebraska. In Nebraska, two Electoral College votes goes to the statewide winner and one Electoral College vote goes to the winner in each of the state's three congressional districts. A total of five Electoral College votes is at stake. While Trump will again carry the statewide vote and two of the state's congressional districts, it is unclear what will happen in the 2nd Congressional District, which includes Omaha, Nebraska. Democrats believe there is a chance. "For whatever the reason, there are a lot of Democrats and independents saying they are going to vote for Biden," Bob Kerrey, the former Democratic governor and U.S. Senator from Nebraska, said. Republicans aren't conceding by any stretch, although they acknowledge it will be close. "We have more people than ever with boots on the ground knocking on doors," Theresa Thibodeau, chair of the Douglas County GOP, which includes Omaha, said. HOW IT COULD COME DOWN TO OMAHA If the election is close, there is a scenario where it all comes down to Omaha. If the projections in most states hold true -- and Trump wins the swing states of Florida, Georgia, North Carolina, Ohio, Pennsylvania & one congressional district in Maine and Joe Biden wins the battleground states of Arizona, Michigan, Nevada and Wisconsin -- how Omaha votes could decide the election. DEMOCRATS VS REPUBLICANS Of course Republicans in Nebraska don't particularly like the way in which their state allocates votes. "We should move our state back to a winner takes all," Thibodeau said. Former Senator Kerrey, obviously, disagrees. "We figured out how to do it right, to have a winner take all system basically throws out Republican and Democratic votes depending on where you live," Kerrey said. 2290

Trans-Siberian Orchestra is going virtual this year for its annual holiday performance amid the coronavirus pandemic.Last week, the group announced on its website that tickets for their "Christmas Eve and Other Stories" event are currently on sale and can be purchased at TSOLiveStream.com."Although this is the first holiday season in over 20 years that Trans-Siberian Orchestra isn’t touring – and we’ll miss seeing each of you out on the road – we’re excited to keep the TSO tradition alive in a new way through this 90-minute live stream special," the group said on its website.The 90-minute performance is slated for Dec. 18. at 8 p.m. ET. 652