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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

BALBOA PARK, Calif (KGTV) - A sign near Christmas nativity displays at Balboa Park is causing some stir. It says that religion is a myth and that heaven, hell, angels, devils and gods do not exist.The Freedom From Religion Foundation put up the sign earlier this month. It's one of several similar displays they placed around the country during the holiday season.A statement from the group says they put the displays together to, "celebrate free-thought and to ensure representation of the growing number of secular Americans."The FFRF says they went through the legal permitting process with the city to put the sign in place. Members say it's about freedom of speech and the separation of church and state, not a war on Christmas."If the city is going to allow space for free expression, it has to allow space for free expression for everyone," says Steve Trunk, an FFRF member in San Diego.In addition to the sign, the group put up a small "nativity" scene of their own. It features America's Founding Fathers and the Statue of Liberty looking down at a "baby" Bill of Rights. The group says it's part of their holiday celebration, honoring the day when the Bill of Rights was adopted, December 15, 1971."That's our holiday," says Trunk,But some people in the park say it's the wrong way to send a message of freedom."It's a little bit on the selfish side," says Diane Sherwood, a University Heights resident who walks through the park and enjoys seeing the Christmas decorations. "If they don't want to come here and see all these things, they certainly don't have to. But to come here and object to them when other people enjoy it isn't right.""This doesn't speak to our shared humanity," says Jamie Edmonds, who lives in San Diego. "This speaks to polarization, division, squaring off people into different camps.""I object to the nativity stuff because I feel it's very partisan and doesn't belong on public land, says Leslie Edmonds. But, she adds that the FFRF display is "equally egregious," saying she'd rather see positive messages of inclusion."Say that all are welcome here," she says. "That would be a step to take all those beliefs and widen it out to make people more aware."The FFRF says they stand by their sign, and it will be up in Balboa Park as long as the Christmas decorations are there."Our thing as an organization is religious freedom," says Trunk. "That includes the freedom not to be religious." 2434

ATLANTA, Ga. – The Centers for Disease Control and Prevention (CDC) announced Thursday that it has expanded its list of people who are at an increased risk of getting severely ill from COVID-19.While everyone is at risk of contracting the novel coronavirus, some people are more likely than others to become severely ill, meaning they may require hospitalization, intensive care or a ventilator to help them breathe, or they may even die.Older adults and people with underlying medical conditions remain at increased risk for severe illness, but now the CDC has further defined age- and condition-related risks.Before, the CDC said those 65 and older were at an increased risk of severe illness. Now, the CDC says it has removed the specific age threshold from the older adult classification. The agency now warns that among adults, risk increases steadily as you age, and it’s not just those over the age of 65 who are at increased risk for severe illness.The CDC says age is an independent risk factor for severe illness, but risk in older adults is also in part related to the increased likelihood that older adults also have underlying medical conditions.The CDC has also updated its list of underlying medical conditions that increase risk of severe illness. After reviewing reports, studies and various other data sources, the CDC found there is consistent evidence these specific conditions increase a person’s risk of severe COVID-19 illness:· Chronic kidney disease· COPD (chronic obstructive pulmonary disease)· Obesity (BMI of 30 or higher)· Immunocompromised state (weakened immune system) from solid organ transplant· Serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies· Sickle cell disease· Type 2 diabetesThe CDC says these changes increase the number of people who fall into higher risk groups. An estimated 60% of American adults have at least one chronic medical condition and obesity is one of the most common underlying conditions that increases one’s risk for severe illness – with about 40% of U.S. adults considered obese.The more underlying medical conditions people have, the higher their risk.The CDC also clarified the list of other conditions that “might” increase a person’s risk of severe illness, including additions such as asthma, high blood pressure, neurologic conditions such as dementia, cerebrovascular disease such as stroke, and pregnancy.A report published Thursday further adds to the growing body of research on the risk for pregnant women. Researchers found pregnant women were significantly more likely to be hospitalized, admitted to the intensive care unit, and receive mechanical ventilation than non-pregnant women. However, pregnant women were not at greater risk for death from COVID-19.“Understanding who is most at risk for severe illness helps people make the best decisions for themselves, their families, and their communities,” said CDC Director Robert Redfield MD. “While we are all at risk for COVID-19, we need to be aware of who is susceptible to severe complications so that we take appropriate measures to protect their health and well-being.”Protecting yourself, your family, and your communityThe CDC says every activity that involves contact with others has some degree of risk right now. Knowing if you are at increased risk for severe illness and understanding the risks associated with different activities of daily living can help you make informed decisions about which activities to resume and what level of risk you will accept. This information is especially critical as communities begin to reopen.Officials recommend that everyone do their part to implement prevention strategies, such as focusing on activities where social distancing can be maintained, washing your hands frequently, limiting contact with and disinfecting commonly touched surfaces or shared items, and wearing a cloth face covering when you are around people you do not live with, especially when it is difficult to stay 6 feet apart or when people are indoors."By taking these steps, you can help protect yourself, your loved ones, and others around you, including those most vulnerable to severe illness," the CDC writes. 4219

Authorities in Texas say a partially-dressed woman who was captured on a home surveillance system ringing a doorbell early one morning is safe after officials discovered her boyfriend died of a self-inflicted gunshot wound.According to ABC News, five days after the 32-year-old woman was recorded on a Ring doorbell’s surveillance camera, the woman was located and is reportedly safe, police said.The Montgomery County Sheriff's Office said on Wednesday they responded to a home in the Sunrise Ranch subdivision after receiving reports of a 49-year-old man threatening to kill himself.Deputies attempted to knock on the door multiple times before making forced entry into the home, officials said. When they made their way inside, they discovered the man lying dead of a single gunshot wound.Authorities tell local news outlets they believe his death is a suicide.The man left a note and mentioned his girlfriend but police say she was not at the scene by the time officers arrived. The woman was later identified as the person ringing a stranger's doorbell early in the morning.Last Friday, the woman was seen ringing a doorbell in the neighborhood north of Houston around 3:20 a.m., the MCSO said. The woman left the home before the resident answered the door.The eerie video of the woman was widely shared on the Internet as people on social media feared the woman — who was seen only wearing a T-shirt and broken hand restraints — was in danger. Authorities aren’t releasing any information about the woman because she is a victim of domestic violence. However, local media outlets report that she is from the Dallas area and is staying with family.Officials say they'll be meeting with the woman as the investigation continues.SEE VIDEO BELOW: 1776

As states across the country grapple with an increase in coronavirus cases and a huge demand for tests, many businesses are looking for other ways to get more mileage out of their supply chain.Like with anything else, supply and demand is a constant struggle. In this unprecedented era, the demand for things like coronavirus tests is so large that public health departments don't have a choice but to figure out ways to make our supplies last. Several states are examining pooled testing. California's Public Health Department says it's to "better leverage testing resources."Pooling is something that blood banks have used for decades to keep their blood supply safe. Dr. Claudia Cohn is the Chief Medical Officer of the AABB, formerly known as the American Association of Blood Banks.“If you have 100 people that need to be tested and if you test each of them, you’ll do 100 tests. If you find that your test is sensitive enough that you can pool together 20 samples at the same time, instead of having 100 tests, you can have five pools of 20,” Dr. Cohn said.Now, if one of those five pools is positive, then Dr. Cohn says, "You’ll need to break it out and test each of those separately. So, let’s say you have one positive person in a pool of 100 people, you either do 100 tests and find one positive or you do five pools of 20, four of those pools will be negative, so you’ve done 4 pools and covered 80 people."The test works by taking a tiny sample from each person who was tested.“When you take a swab from everyone’s nose, you isolate the DNA from that swab,” Dr. Cohn said about the PCR test, which is generally a nose swab. “It’s not a lot, it’s a small amount but it’s enough. Because these tests are very, very sensitive.”Those tests are so sensitive, and they have to be, that pooling can really only work if the test can handle, as in detect, multiple samples at once. The FDA mandates that.“The FDA is quite demanding as they should be in terms of making sure tests work well and are safe,” Dr. Cohn said.And Dr. Cohn says, pooling wouldn't work in an area where there's a large outbreak, which means a large number of people would test positive regardless of pooling. In the blood world, this strategy has been perfected.“You are taking 100 samples and taking a drop from each sample and putting it together,” Dr. Cohn said. “You are testing every single person who comes through. In the blood world safety is before everything."Blood banks test for HIV, Hepatitis C and B and well as COVID-19 antibodies, according to the American Red Cross. And, as this pandemic moves through our communities, Dr. Cohn says our blood supply needs to remain strong.“After that initial spike, it went down again and that was okay because elective surgery had been canceled, so the demand for blood had gone down as well so for a while we were at a good balance of demand and supply. But then elective surgeries opened up and hospitals went back to full service and we’re in a shortage again,” Dr. Cohn said. 3017