GUILTY FL - Doug Benefield, 58, shot and killed by estranged wife, Manatee County, 27 Sept 2020 #2

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Sustained said:
I haven't seen a motion for prosecutorial misconduct in the court filings. I assume if the defense believes that prosecutorial misconduct was exhibited, it will be handled in an appeal.

The hearing on 9/16 is simply to determine whether the defense claims of juror misconduct warrant actual interviews of the jurors themselves and subsequently a new trial. The onus is on the defense to prove their claim of the Youtuber relationship with a juror and also how the supposed answers on juror 15's questionnaire would have affected the verdict.

My prediction is the Youtuber claims to have had a sister on the jury will prove to be total BS and the omission of DV violence incidents by juror 15 will amount to nothing. Motion denied - off to sentencing.
Click to expand...
Thanks for clearing that up for me.
Yes!
"off to sentencing".
 
I'm confused.
All the 20/20 videos posted yesterday or last night look like snips from the old 20/20 interview with AB.
What's new except snips about the trial?
No AB in prison being interviewed, yes?

 
The AB interview with 20/20 was all recorded before the trial.
I thought AB was talking from jail, silly me.
Was last night's episode then "much ado about nothing"?


www.mysuncoast.com

Nowcast: Extended preview of ABC 20/20's 'The Pointe of No Return'

ABC’s 20/20 will air its full interview with Ashley Benefield, who was found guilty of manslaughter in the 2020 shooting death of her husband Doug in Lakewood Ranch.
www.mysuncoast.com www.mysuncoast.com
 
Last edited:
Prosecutors have opposed the defense’s motion to interview jurors, saying there is nothing to indicate the verdict would have been different.

Both sides will argue their position at a motions hearing scheduled for Sept. 16. Ashley’s sentencing is scheduled for Oct. 22.

www.courttv.com

Ashley Benefield claims juror snuck phone into deliberations

Attorneys for Ashley Benefield have asked to interview all jurors in the trial after one allegedly snuck a cell phone into deliberations.
www.courttv.com www.courttv.com
 
TAMPA, Fla. (WFLA) — Ashley Benefield’s defense attorneys are requesting to interview the jurors from her manslaughter conviction after claiming juror misconduct, according to court records.

...

Updated: Sep 16, 2024 / 02:18 PM EDT

...

In an objection filed by the State Attorney’s Office for the 12th Judicial Circuit, the allegations were described as a juror not disclosing that she was a victim of domestic batter and another juror having a cell phone in the jury room.
 
...Judge Whyte agreed to bring back all six jurors from the case and allow them to be interviewed. As for the juror who allegedly had the phone, the judge told the court to advise her that she could have a lawyer with her or she could be potentially provided one should she been found to have been violating court rules.

[...]

www.mysuncoast.com

Judge orders 6 jurors back to court in Benefield case

On Monday, Judge Whyte has ordered all six jurors from the Ashley Benefield case to return to court for a later date for interviews after Benefield’s attorneys expressed concerns.
www.mysuncoast.com www.mysuncoast.com
 
Tortoise said:
...Judge Whyte agreed to bring back all six jurors from the case and allow them to be interviewed. As for the juror who allegedly had the phone, the judge told the court to advise her that she could have a lawyer with her or she could be potentially provided one should she been found to have been violating court rules.

[...]

www.mysuncoast.com

Judge orders 6 jurors back to court in Benefield case

On Monday, Judge Whyte has ordered all six jurors from the Ashley Benefield case to return to court for a later date for interviews after Benefield’s attorneys expressed concerns.
www.mysuncoast.com www.mysuncoast.com
Click to expand...
From the article:

The jurors will be ordered back at a later date for interviews with the judge.
 
I have to ask why does this and why? :rolleyes:

-- A juror didn't disclose biases.
-- Another juror allegedly smuggled a flip phone and spoke with their (on the outside) brother & texted updates.


www.courttv.com

Judge to interview Benefield jurors over misconduct allegations

Six jurors who convicted Ashley Benefield will be asked questions about a phone allegedly brought into the deliberation room.
www.courttv.com www.courttv.com
 
So there was a juror who seems to have hid the fact that she was in a DV situation. Ugh! That’s the juror who will be offered an attorney if she can’t hire her own because she could be held in contempt by the court or the state can bill her for the trial expense. He will also ask all the jurors if anyone had a phone etc.

If it comes out that she lied I hope she is held in contempt! I can’t stand it when jurors do this - do they not realize the headache this causes??

JMO
 
Weki said:
So there was a juror who seems to have hid the fact that she was in a DV situation. Ugh! That’s the juror who will be offered an attorney if she can’t hire her own because she could be held in contempt by the court or the state can bill her for the trial expense. He will also ask all the jurors if anyone had a phone etc.

If it comes out that she lied I hope she is held in contempt! I can’t stand it when jurors do this - do they not realize the headache this causes??

JMO
Click to expand...

Straight from Jose Baez's website here ->

What Happens When a Juror Lies About Their Background? Can You Get a New Trial? (baezlawfirm.com)

"In a post-conviction proceeding, the defendant “must establish that the juror’s misconduct resulted in the defendant being denied his constitutional right to an impartial jury.” That, in turn, requires proof the juror in question had an “actual bias” against the defendant.

IMO, a pretty big hill to climb for AB considering that the alleged liar was both a victim and perpetrator of DV (without looking at the outcomes of her Manatee County cases).
 
I’m also disturbed to learn the possibility that they were 5 to 1 for guilty on the top charge and compromised to Manslaughter. This is based on some random chatter on L&C who claimed his sister was on the jury and passing info to him. I’m inclined to disbelieve this because I can’t imagine 5 people changed their minds because of 1 undecided or not guilty vote. At least I hope not!

JMO
 
Weki said:
I’m also disturbed to learn the possibility that they were 5 to 1 for guilty on the top charge and compromised to Manslaughter. This is based on some random chatter on L&C who claimed his sister was on the jury and passing info to him. I’m inclined to disbelieve this because I can’t imagine 5 people changed their minds because of 1 undecided or not guilty vote. At least I hope not!

JMO
Click to expand...

All of the jurors were 50+ years in age so I doubt very seriously that one was texting information to someone going by the name 'ThatHoodieGuy' who in turn posted on a Youtube verdict watch chat.
 
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