GUILTY WA - Ben Eastman, 16, raped and murdered, Lewis County, 23 Jun 2018

[Niner]

Well - not getting any new articles - only from 2021 -

any news on his hearing yesterday? Just want to update my notes. I shall go ahead & put him on 11/30/22.

TIA!

 

[Seattle1]

Well - not getting any new articles - only from 2021 -

any news on his hearing yesterday? Just want to update my notes. I shall go ahead & put him on 11/30/22.

TIA!

I doubt there will be much media for status hearings. Here are the details from the disposition log:

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

• 10/28/2022 Motion to Compel
• 
  
• 11/14/2022 Response
  Comment
  to State's Motion to Compel
• 11/14/2022 Motion
  Comment
  for Judicial Notice at Show Cause Hearing Pursuant to ER 201
• 
  
• 11/16/2022 Status Conference
  Original Type
  Status Conference
  Judicial Officer
  Lawler, James W
  Hearing Time
  01:00 PM
  Result
  Held
  Comment
  In Custody at Greenhill
• 11/16/2022 Motion Hearing
  Judicial Officer
  Lawler, James W
• 
  
• 11/30/2022 Status Conference
  Judicial Officer
  Lawler, James W
  Hearing Time
  11:00 AM
  Comment
  Dept 2 Case / in custody @ Green Hill
• 
  01/09/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Comment
  7.8 Motion / Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19
  
  
  

  Odyssey Portal - Washington Courts Online Case Search

  odysseyportal.courts.wa.gov
  
  
  
  
  
  
  

 

[Niner]

Thank you @Seattle1 !

 

[Niner]

Wednesday, November 30th:
*Status Conference Hearing (appeal) (@ 11am PT) – WA – Benjamin Everett Eastman III (16) (June 23, 2018, Randle; found June 28, 2018) – for *Benito “Benny” S. Marquez (16/now 20) arrested (7/2/18) & charged (7/2/18) & arraigned (7/19/18) with 1st degree murder, 1st degree rape, tampering with physical evidence & unlawful disposal of remains. Plead not guilty. $10M bond each.
Marquez is charged as adult. Can have contact w/family except those charged.
Marquez agree to a plea agreement on 2/22/19 & plead guilty. Sentenced on 11/23/20 to 26 years & will be eligible for parole after 20 years.
Court info from 7/19/28 thru 11/23/20 reference post #539 here:
https://www.websleuths.com/forums/t...dered-lewis-county-23-jun-2018.378699/page-27
11/29/21: Marquez’s new attorney has filed a motion to overturn his guilty plea & sentence. Marquez was sentenced on Nov. 23, 2020, to a total of 260 months, just over 26 years, for first-degree murder & first-degree assault. Due to his age at the time of the murder — he was 16 — Marquez is eligible for early release after 20 years. The sentence was appealed that same day & the case is currently making its way through the state Court of Appeals. The motion filed by Marquez’s new attorney, J. Talitha Hazelton, in Lewis County Superior Court last week asks the court to discard Marquez’s guilty plea on the grounds that his court-ordered attorney, Shane O’Rourke, failed to properly defend Marquez. In addition to invalidating the guilty plea, the motion also asks the court to vacate Marquez’s original sentence and have him resentenced. Hazelton argues that the case should be resentenced because O’Rourke failed to provide the judge “mitigation evidence” that gave insight into Marquez’s state of mind at the time of the incident. Status hearing on 11/16/22 @ 1pm, a status hearing on 11/30/22 1@ 1am & motion hearing on 1/9/23 @ 9:30am for 7.8 Motion/Jonathon Adamson appearing via WebEx-VHR form.
11/16/22 Update: 10/28/22: Motion to Compel. 11/14/22: State's Motion to Compel for judicial notice at show cause hearing pursuant to ER 201. 11/16/22 Update: Status conference & motions hearings held with Judge James Lawler. In custody at Greenhill. Next status hearing on 11/30/22 & motion hearing on 1/9/23, comment: 7.8 Motion /Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19/22.

 

[Seattle1]

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

• 11/16/2022 Motion Hearing
  Judicial Officer
  Lawler, James W
• 11/16/2022 Motion
  Comment
  Re: Shackling
• 11/16/2022 Declaration Affidavit
  Comment
  Jordan Prosser
• 11/30/2022 Status Conference
  Original Type
  Status Conference
  Judicial Officer
  Lawler, James W
  Hearing Time
  11:00 AM
  Result
  Held
  Comment
  Dept 2 Case / in custody @ Green Hill
• 11/30/2022 PreTrial Management Hearing
• 01/09/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Comment
  7.8 Motion / Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19
  
  
  

  Odyssey Portal - Washington Courts Online Case Search

  odysseyportal.courts.wa.gov

@Niner -- updates for 11/16 motion hearing, affidavit filed, and confirmation 11/30 status hearing held as scheduled.

 

[Niner]

Thanks @Seattle1 - that was quick!

 

[Niner]

Monday, January 9th:
*Motions Hearing (appeal) (@ 9:30aam PT) – WA – Benjamin Everett Eastman III (16) (June 23, 2018, Randle; found June 28, 2018) – for *Benito “Benny” S. Marquez (16/now 20) arrested (7/2/18) & charged (7/2/18) & arraigned (7/19/18) with 1st degree murder, 1st degree rape, tampering with physical evidence & unlawful disposal of remains. Plead not guilty. $10M bond each.
Marquez is charged as adult. Can have contact w/family except those charged.
Marquez agree to a plea agreement on 2/22/19 & plead guilty. Sentenced on 11/23/20 to 26 years & will be eligible for parole after 20 years.
Court info from 7/19/28 thru 11/14/22 reference post #544 here:
https://www.websleuths.com/forums/t...dered-lewis-county-23-jun-2018.378699/page-28
11/16/22 Update: Status conference & motions hearings held with Judge James Lawler. In custody at Greenhill. Next status hearing on 11/30/22 & motion hearing on 1/9/23, comment: 7.8 Motion /Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19/22. 11/16/22: Declaration affidavit filed. Jordan Prosser.
11/30/22 Update: Status hearing was held. Presided by Judge James Lawler. Next motion hearing on 1/9/23. 7.8 Motion/Jonathon Adamson appearing via WebEx-VHR form sent to WA State Pen on 7/19/22.

 

[Seattle1]

@Niner -- appears 1/9/23 hearing stricken/canceled and new 2023 dates are on the calendar.​

​

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

• 11/30/2022 PreTrial Management Hearing
• 11/30/2022 Subpoena
• 11/30/2022 Affidavit Declaration Certificate Confirmation of Service
• 12/05/2022 Declaration Affidavit
  Comment
  Harley Tonelli
• 12/27/2022 Declaration Affidavit
  Comment
  Terry Fagin
• 01/09/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Cancel Reason
  Stricken
  Comment
  7.8 Motion / Jonathon Adamson appearing via WebEx - VHR form sent to WA State Pen 7/19
• 03/20/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Comment
  7.8 Motion
• 04/07/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Comment
  7.8 Motion
  
  
  

 

[Seattle1]

From the 12/5/22 affidavit comment -- seems the defense is getting help from Univ of WA law school.

Harley Tonelli, 1L​

Public Defender Association

The Public Defender Association advances social and racial equity and community health through reform of the criminal justice system. Grounding reform in a public health and safety framework, the association develops new strategies and implements models that improve on conventional responses to crime and public order issues. As an intern with the Racial Disparity Project at the Public Defender Association, Tonelli will research and write legal memoranda, engage in individual representation of clients, work on current policy advocacy projects and assist in the preparation of filings for ongoing litigation.

Announcing the 2020 Public Interest Law Association Fellows | UW School of Law

This summer, 21 students were named PILA fellows and will pursue projects associated with public interest organizations, legal services offices, social service agencies, public defender officers, nonprofit organizations, governmental agencies and tribal entities.

www.law.uw.edu

 

[Niner]

Thanks for the updates @Seattle1 !

 

[Seattle1]

Bumping from the defense's allegation:

Hazelton argues that the case should be resentenced because O’Rourke failed to provide the judge “mitigation evidence” that gave insight into Marquez’s state of mind at the time of the incident.

The day of the murder, Marquez and Adamson, ages 16 and 21, were camping with their 14-year-old sister, their cousin and their cousin’s girlfriend. After they’d all consumed a “significant amount of alcohol,” their sister was pushed into disclosing that Eastman had allegedly raped her 10 days prior.

“Within a matter of hours, (Eastman) was dead,” according to court documents.

“Because (the sister)’s report of rape to Benny and Jonny was the catalyst for the sequence of events that unfolded, it was critical that the sentencing judge understand such a report was not a haphazard drunken malignment of (Eastman) that spurred action, but a shameful secret unearthed from hiding that, when revealed, was indisputably felt and understood as real harm that happened to (the sister),” said Hazelton in court documents.

^^rsbm

 

[Niner]

Monday, March 20th:
*Motions Hearing (appeal) (@ 9:30am PT) – WA – Benjamin Everett Eastman III (16) (June 23, 2018, Randle; found June 28, 2018) – for *Benito “Benny” S. Marquez (16/now 20) arrested (7/2/18) & charged (7/2/18) & arraigned (7/19/18) with 1st degree murder, 1st degree rape, tampering with physical evidence & unlawful disposal of remains. Plead not guilty. $10M bond each.
Marquez is charged as adult. Can have contact w/family except those charged.
Marquez agree to a plea agreement on 2/22/19 & plead guilty. Sentenced on 11/23/20 to 26 years & will be eligible for parole after 20 years.
Court info from 7/19/28 thru 11/16/22 reference post #547 here:
https://www.websleuths.com/forums/t...dered-lewis-county-23-jun-2018.378699/page-28
11/30/22 Update: Status hearing was held. Presided by Judge James Lawler. Next motion hearing on 1/9/23. 7.8 Motion/Jonathon Adamson appearing via WebEx-VHR form sent to WA State Pen on 7/19/22.
1/9/23 Update: Motions hearing was vacated re 7.8 Motion. Defense attorney Hazelton argues that the case should be resentenced because O’Rourke failed to provide the judge “mitigation evidence” that gave insight into Marquez’s state of mind at the time of the incident. Next motions hearings on 3/20/23 & 4/7/23 both at 9:30am.

 

[Seattle1]

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

• 03/20/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Cancel Reason
  Stricken
  Comment
  7.8 Motion
  
  
  
  
  
  
  
  04/07/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Cancel Reason
  Stricken
  Comment
  7.8 Motion
  
  
  

  Odyssey Portal - Washington Courts Online Case Search

  odysseyportal.courts.wa.gov
  
  @Niner -- appears the Motion Hearing on 3/20 was stricken, and the rescheduled hearing on 4/7 has also been canceled. No further updates as of today.
  
  
  

 

[Niner]

Case Information​

18-1-00498-21 | STATE OF WASHINGTON vs BENITO S MARQUEZ

• 03/20/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Cancel Reason
  Stricken
  Comment
  7.8 Motion
  
  
  
  
  
  
  
  04/07/2023 Motion Hearing
  Judicial Officer
  Lawler, James W
  Hearing Time
  09:30 AM
  Cancel Reason
  Stricken
  Comment
  7.8 Motion
  
  
  

  Odyssey Portal - Washington Courts Online Case Search

  odysseyportal.courts.wa.gov
  
  @Niner -- appears the Motion Hearing on 3/20 was stricken, and the rescheduled hearing on 4/7 has also been canceled. No further updates as of today.
  
  

Thank you - I shall correct my notes!

 

[Niner]

@Seattle1 - just wondering if there might be any updates for Marquez motions hearing?

TIA!

 

[Seattle1]

@Seattle1 - just wondering if there might be any updates for Marquez motions hearing?

TIA!

Sorry, the last entry remains the same:

04/07/2023 Motion Hearing
Judicial Officer
Lawler, James W
Hearing Time
09:30 AM
Cancel Reason
Stricken
Comment
7.8 Motion

Linking more about a 7.8 Motion.

https://www.courts.wa.gov/court_rules/pdf/CrR/SUP_CrR_07_08_00.pdf

 

[Niner]

Sorry, the last entry remains the same:

Linking more about a 7.8 Motion.

https://www.courts.wa.gov/court_rules/pdf/CrR/SUP_CrR_07_08_00.pdf

Thank you - I shall try again in another month.

 

[Niner]

@Seattle1 - any updates yet? TIA!

 

[Seattle1]

@Seattle1 - any updates yet? TIA!

No change -- nothing since 4/7/23.

 

[Niner]

No change -- nothing since 4/7/23.

Thanks for taking the time to check!

Back in another month!