Death Penalty Series: California Inmate Freed After Nearly 25 Years on Death Row

The conviction was based on false medical testimony.

Death Penalty Series:  California Inmate Freed After Nearly 25 Years on Death RowIn 1991, a 21 month old girl was taken to the hospital by her mother and her mother’s boyfriend, Vincente Benavides. The girl was not fully responsive, and they believed she had hit her head. The little girl’s condition quickly deteriorated, and attempts to revive her were unsuccessful. Ultimately, she died, and Mr. Benavides was accused of sexually assaulting and killing her. In 1993, he was convicted of first degree murder, rape, sodomy, and lewd conduct inflicting serious injuries. He was sentenced to death.

Mr. Benavides’ conviction was largely the result of medical testimony of medical testimony, including that of a pathologist who performed the autopsy and concluded that the little girl died as a result of a severe sexual assault. His defense attorneys presented testimony that her injuries were consistent with a fall or a car accident, as well as the effects of the medical procedures that were used to try to save her. In 2005, the California Supreme Court upheld his conviction. However, in 2007, his attorneys filed a second petition, arguing that his conviction was based on false medical testimony, that the police and prosecution withheld evidence, and that the prosecution made improper arguments.

In March 2018, the California Supreme Court agreed, and vacated his convictions (which means to set the convictions aside, as though they never happened). In April, prosecutors announced that they were dismissing the charges and Mr. Benavides was released.

According to a Los Angeles criminal defense attorney, this case is significant for a number of reasons. It shows how important expert witness testimony is to a case — and how the state’s failure to turn over evidence can be devastating to a case. In this case, the pathologist’s opinion on the specific cause of death was medically impossible — a fact that was not noticed by any of the other 10 medical experts who testified at trial. In addition, the state did not disclose that the x-ray report had been altered, give the full lab reports to the defense, or tell the defense that it had threatened key witnesses and provided payments to others.

The death penalty is a difficult subject for many people, with sharply-divided opinions on whether it should be used as a way to deter crime or seek retribution for people who commit heinous crimes. Cases such as these highlight an important factor of death penalty cases: that in some cases, such as in Mr. Benavides’ situation, the death sentence may be based on a wrongful conviction. As a Los Angeles criminal defense attorney can explain, if the state is to issue the ultimate punishment — death — then it should be 100% certain that the person is truly guilty of the crime. In this case, Mr. Benavides committed no crime, and has spent almost 25 years in jail based on false testimony.

Serious criminal charges deserve an aggressive defense. A skilled Los Angeles criminal defense attorney should investigate every possible angle of your case to put together the strongest possible defense to the charges. This includes consulting with top experts, and zealously pursuing all information from the prosecutor’s office. At the Chamber’s Law Firm, our team includes former law enforcement professionals and a former prosecutor. We know the system, and we will put our knowledge to work for you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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