BAKERSFIELD, Calif. — On Wednesday, 69-year-old Vicente Benavides and his attorney filed a civil rights lawsuit against Kern County and many of it's law enforcement agencies after he was wrongfully convicted for murder and rape in 1993.
After filing the lawsuit in U.S. Federal Court Wednesday, Benavides and his attorney's held a press conference in downtown Los Angeles. Benavides spoke briefly about the pain and suffering that he endured while he was spending 25 years on death row.
"I was there 25 years on death row for a crime I did not commit," Benavides said while wiping tears from his eyes.
Benavides who is from Delano, did his best to contain his emotions during the press conference where he discussed how he was wrongfully sentenced to life in prison in 1993 for raping and killing 21-month-old Consuelo Verdugo in November of 1991.
After spending 25 years on death row and a total of 26 years in the San Quinton State Prison, The California Supreme Court re-examined Benavides' case last year.
"On March 12, 2018 the California Supreme Court after evaluating the false evidence provided by county medical examiners and also the testimony of coerced witnesses vacated his conviction in it's entirety and granted his habeaus petition," one of Benavides' attorneys explained.
The Supreme Court determined false evidence was provided during the trial and a sexual assault did not occur. His attorney's argued the baby's injuries were consistent with a car crash.
"All of the evidence shows that she likely died from being struck by a motor vehicle in the carport where she was found,"one of Benavides' attorneys said.
The court revoked the death penalty and Benavides was released from prison last year.
His attorneys filed a civil rights lawsuit Wednesday to seek justice for Benavides for his time spent in prison.
This is about announcing to the world and specifically Kern County and the city of Delano that such injustice will not go unaddressed," one of Benavides' attorneys said.
The suit includes the city of Delano, the Kern County Pathologist, The District Attorney's Office and the deputy district attorney who prosecuted Benavides.
Robert Carbone, who was the deputy district attorney who prosecuted Benavides at the time, stood by his original belief in an interview with 23ABC News back in March of 2018 when Benavides became a free man.
"I believe that he is guilty and is a danger to children," Carbone said.
Last year, former District Attorney Lisa Green announced her decision not to retry Benavides for second degree murder. However, she was still wary about his innocence.
"He shouldn't have been on death row for 26 years. I do believe that he did kill this child," Green said.
Wednesday the Delano Police Department and the District Attorney's Office, and the Kern County Coroner told 23ABC News they do not comment on pending litigation.
"I loved Consuelo….As if she was my own daughter and I would never do and did not do anything to ever hurt her," Benavides said.
It is unclear how much money Benavides is seeking in regards to this lawsuit.
However, his attorney also mentioned that Governor Gavin Newsome used Benavides' wrongful sentence to further shine light on the problem with the death penalty and to help further fight against it.
