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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 holiday season is here, but it’s likely that your traditions won’t be quite so traditional this year. The coronavirus pandemic has impacted many facets of our lives, and the holidays are no exception: More than two-thirds (68%) of Americans who had December holiday travel plans say these plans have been affected by the pandemic, according to a new NerdWallet survey. Another 22% say they aren’t sure yet if their plans will be impacted.In the NerdWallet survey of more than 2,000 U.S. adults conducted online by The Harris Poll, we asked how their December holiday travel plans have been affected by the pandemic. Of those still traveling for the holidays in December — referred to as “holiday travelers” throughout — we also asked about planned primary lodging and transportation.Key findingsCOVID-19 will keep many from loved ones: Among Americans who say their December holiday travel plans have been impacted by the pandemic, 2 in 5 (40%) say they usually travel with or visit friends and family, but this year they won’t. Additionally, 27% usually drive out of town but won’t this year, and 17% say the same about flying somewhere during the holiday season.Far fewer Americans plan to travel this year: Just 24% of Americans plan to travel out of town for the December holiday season in 2020, compared with 75% who did so in 2019. An additional 17% aren’t sure yet if they’ll travel for the holidays this year.Travelers opt to stay closer to home: Of those planning to travel out of town this year for the December holidays, more than half (56%) say their plans were impacted by COVID-19. A quarter of those affected (25%) say while they usually travel farther from home, this year they’ll stay closer.Most holiday travelers plan to drive: Driving is the most popular primary mode of transportation (68%) for 2020 holiday travelers. This is down from 81% for 2019 holiday travel.Staying with loved ones is still the most popular lodging option: About 2 in 5 holiday travelers (38%) plan to primarily stay at the home of a family member or friend this year. This was true of about the same proportion (37%) of 2019 holiday travelers.COVID-19 alters holiday travel plansNo matter what holidays you observe in December, celebrations may look different this year because of the COVID-19 pandemic. Of Americans who say their holiday travel plans were impacted by the pandemic, 2 in 5 (40%) say that while they usually travel with or visit friends and family members, this year they won’t. More than a quarter (27%) usually drive somewhere out of town but won’t this year, and 17% usually fly somewhere but won’t this year.What you can do: Avoiding travel altogether is the safest course of action as COVID-19 cases surge across the country. It’s been a difficult year, and not being able to spend time with friends and family is a big part of that, but the best way to protect yourself and the people you care about most is staying home this holiday season.“This holiday season looks very different from years before. It’s hard to not travel, but staying home helps keep you and your loved ones safe,” says NerdWallet travel expert Sara Rathner. “If we each do our part, maybe Christmas in July will become a real way to celebrate belatedly in person.”Large drop in number of holiday travelers this yearAccording to our survey, three-quarters of Americans (75%) traveled out of town for the December 2019 holiday season. In 2020, just 24% of Americans are planning December holiday travel, and another 17% were unsure when asked in the first week of November.More than half of holiday travelers (56%) say their plans were impacted by COVID-19. Almost a third (31%) say their plans weren’t impacted, and 13% weren’t sure at the time we asked. Of those travelers who say their plans have been impacted, some of the biggest changes are traveling closer to home than usual (25%), driving their personal vehicle when they usually fly (23%) and spending less time away from home than they normally would (23%).Parents of children under 18 are more likely to plan on out-of-town December holiday travel this year than Americans without minor children (37% vs. 18%). Most (68%) of these parents’ travel plans were affected by COVID-19, with 27% saying they usually travel farther from home, but this year they’ll stay closer.What travelers can do: If you’re traveling out of town this December, make sure you’re up to date on the guidelines from the Centers for Disease Control and Prevention, or CDC, for traveling safely. These guidelines can change rapidly, so stay abreast of any new developments through the dates you’re planning to travel.“A number of states increased restrictions before Thanksgiving, so if you’re traveling to another state, it may look very different there than it does at home. Plan ahead so you can follow the rules,” Rathner says. “Pack enough masks and find out which local businesses may be operating on limited hours. If you plan to get a COVID test, availability is limited in some areas. You don’t want to leave these arrangements for the last minute.”Most holiday travelers will drive and stay with friends or familyMost holiday travelers (68%) plan to primarily drive to their destinations this year, which was also the case in 2019, when 81% say they drove as their primary transportation. The percentage of holiday travelers flying as their primary mode of transportation is up this year (24% vs. 12% in 2019), but that doesn’t mean more Americans are flying. Since fewer U.S. adults are traveling overall, that’s less than 15 million Americans flying, compared with last year’s almost 23 million flyers. [1]Primary lodging plans mirror last year’s: For 2020, 38% of holiday travelers plan to primarily stay at the home of a friend or family member. In 2019, 37% of holiday travelers say they primarily stayed at a loved one’s home. The second most popular primary lodging choice in both years was a hotel or motel (28% in 2020, 25% in 2019).What travelers can do: Keep your travel plans as flexible as possible, in case the pandemic upends them in the eleventh hour. Don’t worry about booking early to get the best price. 2020 is an unconventional year, and if you do opt to travel, you’ll probably find that costs are lower than in holiday seasons past.“You need a Plan A, B, C and D for holiday travel this year,” Rathner says. “When you book anything, know what the airline, hotel or car rental companies’ policies are for cancellations. It’s not so much about finding deals now, it’s about being able to back out of your plans if necessary.”MethodologyThis survey was conducted online within the United States by The Harris Poll on behalf of NerdWallet from Nov. 4-6, 2020, among 2,055 U.S. adults ages 18 and older, among whom 1,537 traveled out of town for the December 2019 holiday season and 508 plan to travel out of town for the 2020 holiday season. This online survey is not based on a probability sample and therefore no estimate of theoretical sampling error can be calculated. For complete survey methodology, including weighting variables and subgroup sample sizes, contact Brittany Benson at bbenson@nerdwallet.com.[1] Calculated using U.S. Census Bureau population estimates from July 2019 and NerdWallet survey data on December 2019 holiday travelers who primarily flew and December 2020 holiday travelers who plan to primarily fly.More From NerdWalletHow to Make Use of the Points and Miles From a Deceased Family Member’s Account10 Tips for Winter RV Road TripsHow to Maximize Travel Rewards on Holiday Spending This YearErin El Issa writes for NerdWallet. Email: erin@nerdwallet.com. 7649

The nation's first fast-food hamburger chain wants you to carry their sliders safely during the pandemic.White Castle debuted their Crave Clutch, which carries 20 of their sliders. 188

The homestretch of the 2020 presidential campaign culminates on Tuesday as President Donald Trump and former Vice President Joe Biden meet for the first of three presidential debates.Tuesday’s debate will air live on this network at 9 p.m. ET from Cleveland.Here is what you need to know about Tuesday's showdown.The candidatesDemocratic Party nominee Biden and Republican nominee Trump were the only two candidates invited to Tuesday’s debate based on polling. In order to be invited, a candidate must poll at 15 percent or above in a series of national polls to qualify.An aggregate of national polls by Real Clear Politics has Biden leading the popular vote by a 50-43 margin. But as Hillary Clinton learned in 2016, winning the popular vote does not mean victory.The moderatorFox News’ Chris Wallace will moderate a presidential debate for the second straight election cycle. Wallace was widely praised for his moderation of the 2016 debate between Clinton and Trump.While Fox News is considered by many to be right-leaning, Wallace is called one of the networks more independent anchors. Before joining Fox News, he was a reporter for ABC News, and the Washington Bureau Chief of NBC News.While Wallace did not moderate a Democratic Party debate, he is quite familiar with Trump. During the summer, Wallace held wide-ranging interview with Trump, which took Trump to task for the federal government’s response to the coronavirus.While this is the first time Wallace has moderated a debate involving Biden, he has moderated a debate involving Trump four prior times.Wallace moderated three GOP debates for Fox News during the 2016 primary season. During one of the debates, Wallace chided Marco Rubio and Trump stating, “Gentlemen, you’re going to have to do better than this.”The formatThe debate will be broken into six, 15-minute segments.Those segments include:The Trump and Biden RecordThe Supreme CourtCOVID-19The EconomyRace and Violence in our CitiesThe Integrity of the ElectionWhile the exact times candidates will be allowed to speak have not been released, during the last debate Wallace moderated, candidates had two minutes to answer each question, with remaining time to go into a deeper discussion on the topicPrepping for the debateWhile Trump has kept a busy public schedule in the week leading up to the debate, Biden has cut back on appearances to focus on debate prep.Trump had wanted the first debate to be held earlier as voters in a small number of states have started casting ballots.Unrest in US citiesOne of the six topics listed is on race and violence in US cities. The topic will be discussed just days after a Kentucky grand jury announced that two officers who shot and killed Breonna Taylor in Kentucky would not be charged.The issue of race and unrest has been one the two candidates are deeply divided on. While both candidates have said they oppose defunding police departments, Trump has frequently mischaracterized Biden’s position on policing, claiming that Biden supports defunding police departments.Meanwhile, Biden has frequently accused Trump of inciting violence and that Trump’s rhetoric has increased tensions.The Supreme CourtIn 2016, it was a certainty the next president would have to fill at least one Supreme Court vacancy. As Trump is about to likely fill his third open seat on the court, what happens in 2021 and beyond is unclear.Democrats have suggested that they would push to expand the size of the Supreme Court if they control the Senate and White House. Biden has not said whether he would go allow with that plan.Assuming Trump’s third nominee is confirmed, the Supreme Court will give conservatives a distinct advantage.The oldest member of the Supreme Court, 82-year-old Stephen Breyer, is a Clinton appointee. The next oldest justice, George H.W. Bush appointee Clarence Thomas, is a whole decade younger.CoronavirusLikely no issue has shaped the 2020 election more than the coronavirus. With more than 200,000 coronavirus-related fatalities, an unemployment rate that has doubled since March, and the US deficit jumping to near-record levels, the virus has impacted everyday life for virtually all Americans.How the country responds to the virus between now and Inauguration Day could change, however. Will a vaccine be ready by then? Will Americans trust that the vaccine is safe and effective? And what if a vaccine takes longer than expected and/or is not effective as hoped? 4457

The grandmother of Stephon Clark, the young black man shot and killed by Sacramento Police last week, pleaded Monday in a passionate speech for justice for her grandson."They didn't have to kill him like that. They didn't have to shoot him that many times," Sequita Thompson said through tears."Why didn't you just shoot him in the arm, shoot him in the leg, send the dogs, send a Taser. Why? Why? Y'all didn't have to do that," she added.The tearful plea came as part of a press conference with Benjamin Crump, an attorney representing the Clark family. Crump said the family is preparing for an independent autopsy of Clark's body."We will stand up for Stephon, we will speak for Stephon, we will fight for Stephon, until we get justice for Stephon," Crump said."I want justice for my baby. I want justice for Stephon Clark. Please, give us justice," Thompson said.The press conference came a week after Clark, 22, was shot and killed?in his grandmother's Sacramento backyard by officers who believed he was pointing a gun at them, according to police. No weapon was found at the scene. The only item discovered was a cell phone, police said.Officers fired 20 shots, hitting Clark multiple times, police told CNN affiliate KOVR.Crump was retained by Clark's family late last week. He has previously represented the families of other African-Americans fatally shot by police, including Michael Brown?and Tamir Rice, as well as Trayvon Martin, a Florida teenager killed by George Zimmerman.Crump said Clark's death fits a pattern in America of police shootings of unarmed black and brown people."No family should have to endure this pain and suffering as they try to seek answers for an execution of their loved one who is only holding a cell phone," he said. 1797