Vincente Benevides - Misleading Forensics / Perjury / Inadequate Legal Defense

Benavides, Vicente; CA; NRE: false/misleading forensic evidence, perjury/false accusation, inadequate legal defense, (official misconduct)

412 P.3d 356; Sup. Ct. of CA 3/12/18; reversed, due to admission of false evidence

"On appeal, we affirmed [Benavides'] convictions and death penalty judgment...In response to his petition for habeas corpus relief, we isued an order to show cause on his claims that his convictions were based on false evidence and that he had received ineffective assistance of counsel. [The prosecution] now concedes that false evidence was introduced at trial and that [his] convictions...must be vacated."

"The victim was 21-month-old Consuelo Verdugo. Her mother, Estella Medina, and [Benavides] brought Consuelo to a hospital emergency room at Delano Regional Medical Center (DRMC)...They reported that Consuelo had been running after her older sister and hit her head on a door. Consuelo was limp and minimally responsive to external stimulation. She moved her arms and legs and withdrew from pain, but did not appear to recognize her mother. She had a small bruise on her forehead with scrapes on her nose and lip. Medical personnel focused on Consuelo's head injury and did not do a complete examination of her genitalia. When trying to insert a catheter, medical personnel noted mild redness on her vagina. Catheter insertion would prove difficult and was repeatedly unsuccessful."

"As Consuelo's condition worsened she became comatose and was transferred to the Kern Medical Center (KMC). The receiving nurse noted Consuelo had 'blown pupils,' often seen incident to blunt force trauma from an automobile accident...Consuelo's distended abdomen was the immediate focus of attention at KMC. Attempting to insert a cetheter, the charge nurse noted a nearly quarter-size bruise on Consuelo's external genitalia and a tear extending from her urethra to vaginal opening. A KMC emergency room [ER) physician, also trying to insert a catheter, superficially examined Consuelo's genital and anal areas.

"Within 20 minutes of her arrival, Consuelo's abdomen had become greatly distended. Diagnostic surgery revealed her bowel, duodenum, and pancreas were 'cracked in half,' with portions of each resting on either side of her spine. The surgeon testified these could have been caused by a kick or punch to the abdomen. He also noted scars and other indicia of prior injury between Consuelo's colon and liver. These injuries were one to two months old...He did not know whether Consuelo had been sexually assaulted.

"The morning after surgery, Consuelo was evaluated by pediatrician Jess Diamond. A thorough examination revealed a tear in Consuelo's hymen, a bruise on her perineum, swelling around her anus, and a lack of rectal tone. Dr. Diamond testified these injuries could result from 'acute rape.' Based upon the subsequent autopsy report of Dr. James Dibdin, Dr. Diamond testified that Consuelo had suffered a tear to her vaginal wall. That injury could explain the difficulties with catheter insertion. Dr. Diamond acknowledged that Consuelo had suffered a blunt force injury to her abdomen, but explained that sodomy could have caused the injuries to her abdominal organs if the 'penetrating force'. . .rupture[d] the. . .rectum, then push[ed] the internal organs aside until reaching the pancreas and duodenum, splitting them apart. Even if an external blow caused Consuelo's abdominal injuries, however, Dr. Diamond still believed that she had been sodomized."

"Consuelo was [subsequently] transferred to UCLA Medical Center...Upon arrival, her entire body was swolen. She was oozing blood, and kidney function had ceased. Doctors performed a second surgery. The surgeon closely examined Consuelo's anus and saw no tearing. He explained that his inability to detect tearing could have been due to the extreme swelling...The surgeon testified that nothing in Consuelo's medical records was inconsistent with sexual abuse."*

[* This would appear to be a meaningless statement, in that, a) there were other potential causes of her injuries, and, b) 'superficial' sexual abuse would not necessarily leave any physical signs anyway.]

"Consuelo died on November 25, 1991."

"[Benavides] contends that, contrary to trial evidence, Consuelo showed no signs of sexual assault when she arrived at DRMC, the first hospital where she received care. Her injuries can instead be attributed to medical intervention, including repeated failed efforts to insert a catheter, use of an adult-sized Foley catheter rather than a more appropriately sized device, rectal temperature taking, use of paralytic medication, and physical examination. Nurse Anita Caraan Wofford, who helped treat Consuelo when she was brought to DRMC, executed a declaration in support of the petition. She explained thar no one at DRMC noted any anal or vaginal trauma.

"Dr. William A. Kennedy II, an expert in pediatric urology, opined in support of the petition that... Consuelo had not suffered anal or vaginal penetration."

"Two doctors who treated Consuelo at UCLA, the final hospital to which she was admitted...declared anal penetration could not have been the cause of death because the organs between the anus and upper abdomen were not injured. Dr. Rick Harrison, a physician in charge of Consuelo's care at UCLA believed that the cause of death given by Dr. Dibdin was anatomically impossible."

"In addition to injuries caused by numerous medical interventions, abnormalities to the anal and genital regions subsequently noted at KMC and UCLA can be attributed, in part, to systemic edema: bodywide swelling..."

"Many of the medical professionals who testified at...trial subsequently recanted their testimony." [Drs. Harrison, Alonso, Diamond, Baumer, and Shaw had not reviewed crucial medical records prior to testifying. But once they did, they recanted.]

"Dr. [Astrid Happenstall] Hager ['the preminent expert in the field of child sexual abuse and sexual assault']...provided a declaration in support of the petition. After reviewing medical records, testimony, and declarations, she concluded death due to blunt force penetrating injury of the anus 'is so unlikely,' that it reaches 'the point of being absurd.' Dr. Hager explained that the cause of death attributed in this case has never been reported in any literature of child sexual abuse or child assault.'"