consuelo verdugo, he was baby-sitting her in the town of delano near bakersfield. her sister is shocked and still thinks he is guilty. >>> after 25 years on death row, he walked into the arms of waiting friends and family outside san quentin. 68-year-old told reporters in spanish he was very happy. his attorney didn't say much more. >> of course we are elated by the fact he was released today. he was wrongfully convicted over 25 years ago and we are very grateful this day finally has come. >> reporter: kirk county lisa green decided ton refile charges against him after medical testimony about the toddler's injuries and whether she was sexually assaulted fell apart. but she still thinks he is guilty of murder. >> i believe that he did kill this child in a inflicted blunt force trauma on this child. >> human beings make mistakes. >> reporter: the human rights attorney who has represented more than a hundred people who faced the death penalty, the kern county's mistakes past and frent are why he should be free. >> they don't have reasonable doubt he is guilty. he is i

face another jury trial for the alleged murder of his then girlfriend's 21 month old daughter, consuelo verdugo1. benavides was alone with the toddler for no more than 15 minutes when he said he found her unconcious outside. at the time, doctors said the child was sexually assaulted so severely-that it caused her fatal internal injuries. but decades later-the same doctors said they reviewed medical records that made them completely change their opinion.olivia: do you believe that the child was sexually assaulted?lisa: nobut that doesn't mean green thinks he's innocent. lisa: the evidence suggests-strongly suggests that mr.benavides is not innocent but it also is convicincing that he shouldn't have been doing his time on death row.if she were to retry the case-green says the theory would be a child abuse homicide of 2nd degree murder-for which the sentence is 15 years to life. but she says the challenges were ultimately too great- especially after the supreme court ruled the sexual assault evideence was false.green: even if we had the witnesses who say well yes i do think there is phsyical abuse