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

[turaj]

Well they had some dinner and somehow I sort of feel they want to get this done tonight...otherwise they would have hung it up considering it is just the first hours. Are they close...wondering.

 

[turaj]

NO, everything that could have helped DB was suppressed to protect AB's bad acts.JMO

and yet lots of his prior bad acts sure came in...seems odd.

 

[turaj]

While we wait for the verdict I’m going to be a little bit picky about the state’s version of the motive….

So the prosecutor argued that the motive was that AB was worried Doug would get full custody bc he was more financially stable. However, later on she argued AB was free from the defendant financially. She had her own home and her own money (the pros specifically said something along these lines). Y’all recall that? That was when she was going through the “Power and Control” wheel presented by Ferris. I thought that portion of the closing was good but I wish she had explained AB finances better during the trial and closing. If that was the motive, it should’ve been explored more at trial. Did I miss something?

I think the prosecutor’s closing could’ve used some tightening up. She also said all the ways in which Doug never assaulted the defendant and forgot to mention the waving of the gun allegedly in the direction of AB. She never touched that, which makes it seem like she was hiding the ball.

JMO

good points....

 

[Wishbone]

and yet lots of his prior bad acts sure came in...seems odd.

She is the one on trial so we can't allow any prejudicial bad acts to taint her in jury's view. Isn't that how it usually works with defendants with lots of priors, they aren't allowed to be brought in most times.

 

[Wishbone]

and yet lots of his prior bad acts sure came in...seems odd.

Unfortunately it is business as usual. As I have been saying, Doug has no voice in this trial.JMOO

 

[Weki]

Doug’s prior bad acts are relevant since this is a self-defense case and AB’s state of mind is highly probative. The defense game is to say that AB had reason to be fearful because Doug had done xyz scary thing in the past. That’s why all that came in. The defendant had no prior bad acts other than being a lying liar. The state didn’t spend enough time attacking her credibility imo.

 

[Wishbone]

If ab's bad acts could have been allowed to come in as evidence this could have been an entirely different trial.JMOO

 

[Wishbone]

Doug’s prior bad acts are relevant since this is a self-defense case and AB’s state of mind is highly probative. The defense game is to say that AB had reason to be fearful because Doug had done xyz scary thing in the past. That’s why all that came in. The defendant had no prior bad acts other than being a lying liar. The state didn’t spend enough time attacking her credibility imo.

I think did about as much as they could without broaching the suppressed bad acts of ab.JMOO

 

[Weki]

I think did about as much as they could without broaching the suppressed bad acts of ab.JMOO

What are AB’s bad acts that were suppressed?

 

[Wishbone]

What are AB’s bad acts that were suppressed?

For one, the lies she told to get the c section, we got no details during trial. Also no details on the accusations of sexual abuse by DB on his own daughter, just to name a few.

 

[fluffypaste]

Doug’s prior bad acts are relevant since this is a self-defense case and AB’s state of mind is highly probative. The defense game is to say that AB had reason to be fearful because Doug had done xyz scary thing in the past. That’s why all that came in. The defendant had no prior bad acts other than being a lying liar. The state didn’t spend enough time attacking her credibility imo.

My understanding is that it often comes down to the discretion of individual judges what is considered "fair" to have in and what isn't. I'm aware of a case where the defendant was claiming self-defense and the victim was someone who literally had a murder conviction. The murder conviction got suppressed.

 

[turaj]

Unfortunately it is business as usual. As I have been saying, Doug has no voice in this trial.JMOO

yes I guess it is business as usual...jury only gets an incomplete story. I often have thought that after delivering a verdict in a big case like this they may start watching and reading and wishing they had known so much more..might have voted differently. But just not how the justice system works.

 

[fluffypaste]

I still think she'll be found guilty on all charges.

 

[nodamselindistress]

yes I guess it is business as usual...jury only gets an incomplete story. I often have thought that after delivering a verdict in a big case like this they may start watching and reading and wishing they had known so much more..might have voted differently. But just not how the justice system works.

Sad but true

 

[nodamselindistress]

I still think she'll be found guilty on all charges.

Hope so but I think they are going with manslaughter at this point

I said earlier if they come back quick she is acquitted if it takes more time they are deciding between 2nd degree and manslaughter

 

[Wishbone]

I still think she'll be found guilty on all charges.

I hope the jury can see through her lies and acting during her testimony.

 

[Weki]

My understanding is that it often comes down to the discretion of individual judges what is considered "fair" to have in and what isn't. I'm aware of a case where the defendant was claiming self-defense and the victim was someone who literally had a murder conviction. The murder conviction got suppressed.

It has to be relevant to the defendant’s state of mind at the time of the killing. In AB’s case they are claiming she was a battered woman. So all the prior bad acts of Doug in relation to being arguably a domestic abuser comes in. I agree some of it is up to the judge’s discretion like the animal abuse. He could’ve said no to that but I think it could be argued that that is part of DV. It could instill fear. If Doug had a murder conviction that was 20 yo that may not be relevant. It’s too remote and it’s not necessarily DV. And it’s too prejudicial to Doug. Lots of nuances.

JMO

 

[MTW2011]

Anyone know how (or why) when searching for her case on the public portal the only result is the recently filed Case/notice of appeal (for what I do not know)?

I have tried searching by both her name and just the Case number, and the current case number does not show any results. I thought we could previously see the docket for this case online, but maybe I am mistaken.
Here is the portal https://records.manateeclerk.com/CourtRecords/Search

Anyone know?
Thanks in advance

 

[turaj]

Hope so but I think they are going with manslaughter at this point

I said earlier if they come back quick she is acquitted if it takes more time they are deciding between 2nd degree and manslaughter

I knew when they got in the lesser charge of manslaughter that any potential hung could probably turn into manslaughter. I think that is most likely although I am not convinced by either side.

 

[Wishbone]

The jury has been at the court house for going on 12 hours. They sure are dedicated.