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Man Who Spent Nearly 25 Years On Death Row Has Been Released

Man Who Spent Nearly 25 Years On Death Row Has Been Released

Doctors who testified at the original trial have recanted their words, saying they actually hadn't seen the victim's full medical records

Stewart Perrie

Stewart Perrie

Vicente Benavides was sentenced to death in 1993 for raping and killing a toddler in California. But after spending nearly a quarter of a century behind bars, he's finally been released and won't have to face a retrial.

Vicente, 68, was looking after Consuelo and took his eye off her for about 15 minutes

Consuelo was rushed to hospital in 1991 and despite doctor's best efforts, the toddler died a week later. While Vicente and his girlfriend at the time told hospital staff that the girl fell and hit her head and that's how she suffered her injuries.

But according to ABC7, a forensic pathologist claimed that the girl was sodomised and died as a result of anal injuries.

As a result, Mr Benavides was arrested and charged with her murder.

During his trial, several doctors told the court that they agreed with the pathologist that Consuelo's injuries were consistent with being raped.

However, after years of fighting the conviction, Vicente has been given the news he's waited nearly 25 years for. As it turns out, those doctors who testified in the 1993 trial recanted their evidence and claimed that hadn't even seen Consuelo's full medical records.

In its ruling, the Californian Supreme Court wrote: "The evidence now shown to be false was extensive, pervasive, and impactful."

Vicentre became a free man yesterday and he found out that he won't have to stand trial again for the toddler's murder.

District Attorney Lisa Green said: "Upon an objective review of the facts, there is insufficient evidence to establish guilt beyond a reasonable doubt.

KGET17

"The change in opinion of the majority of medical personnel involved in the case would greatly undermine their testimony in any retrial regarding the physical abuse the victim suffered."

Authorities still don't know what caused the injuries to Consuelo.

Child abuse expert Dr. Astrid Heger told KGET17 that her injuries were more consistent with being hit by a car rather than sexual assault.

The victim's older sister says she was shocked by the decision and still reckons Vicente is guilty.

He is now the fourth person in California to be exonerated from death row since 1980. The state has the largest number of death row inmates with roughly 750 - however only 13 have been executed since 1978.

Vicente has a lot of catching up to do on his life after being on the inside for so long.

Featured Image Credit: KGET17

Topics: America, Death Row, inmate, Prison, california