GUILTY FL - Doug Benefield, 58, shot and killed by estranged wife, Manatee County, 27 Sept 2020 #2
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Good!
Tommy Benefield is speaking.
'Considering the Crime and Sentence'
"A defendant has the burden to show that bail after a conviction is appropriate. The court will consider the crime of which the defendant was convicted and the sentence that they received in determining whether to grant bail. Sometimes the state will eliminate the possibility if the defendant was convicted of a very serious crime, such as homicide or a sex crime. This is because the defendant no longer is entitled to a presumption of innocence and could pose a danger to the community based on their history of violence. A sentence of a lengthy prison term also may make a judge reluctant to grant bail, since the defendant would be more likely to flee if their appeal does not succeed."
Getting Bail During the Appeal Process
A judge might grant post-conviction bail if the defendant was not convicted of a serious crime and is not likely to flee or tamper with the court process.
www.justia.com
SB's lawyer said that the court needs something more than her sentence to refuse her bond.
Sound like no matter what you were convicted of as long as you have no past record and people vouching for you, housing and a job you're good to go?
Sound like no matter what you were convicted of as long as you have no past record and people vouching for you, housing and a job you're good to go?
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How does she have a job? She has been in jail since her conviction.
IIRC:
Her therapist said it's in a factory and she can work her way up to being an assembler.
A new job awaiting her if she gets bond.
It didn't sound like it was one of the fleeting jobs AB held while out on bond awaiting trial.
My concern is the judge and if he feels that AB will get a new trial on appeal due to his negligence and that he will grant her bond.
I haven't read her appeal only the defense claim that the state failed to prove that she didn't act in self-defense.
What would target the judge is not finding juror misconduct which appeal disagrees with.
I haven't read her appeal only the defense claim that the state failed to prove that she didn't act in self-defense.
What would target the judge is not finding juror misconduct which appeal disagrees with.
Sometime today or it could take days/weeks?
"Judge Whyte concluded the hearing by stating he would take the matter under advisement and issue a written order regarding the bond request."
www.courttv.com
"Judge Whyte concluded the hearing by stating he would take the matter under advisement and issue a written order regarding the bond request."
Judge denies bond request in Ashley Benefield's manslaughter case
Ashley Benefield,will stay behind bars serving a who is currently serving a 20-year-sentence for her husband, Doug Benefield's death.
www.courttv.com
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Sometime today or it could take days/weeks?
"Judge Whyte concluded the hearing by stating he would take the matter under advisement and issue a written order regarding the bond request."
Judge denies bond request in Ashley Benefield's manslaughter case
Ashley Benefield,will stay behind bars serving a who is currently serving a 20-year-sentence for her husband, Doug Benefield's death.
My guess is we'll see an order either tomorrow or Monday. It's been long enough since the trial.
I didn't realize so much of a bond hearing is about a convicted person's defense trying to prove they're not a flight risk and so little on what they were convicted of.
I fluctuate back and forth on how Judge Whyte may rule and I keep thinking that if he believes she has a good shot at an appeal/new trial because of something he did during the trial he just may grant her bond.
Though he did give her 20 yrs and 10 yrs probation including therapy so he may feel that she still could be a threat and no bond.
Wow that bible lady was too much for me. What a rant. Bringing up Trump I guess goes over big down there but sure did not impress me. When she was remembering Emerson she mentioned her walking in her "proud boy boots" at least I think that is what I heard. Yikes.
I think it’s an interesting legal question/situation and that the defense definitely mentioned some cases that had convicted defendants granted a bond while their appeal was pending. I know the State argued that those cases didn’t apply as it wasn’t the same crime/charges/etc.
IANAL but if the Judge follows what appear to be the factors for this “test” of whether to grant a bond, I think her defense proved several of those factors.
The most recent case they mentioned can be found here: Jorge Alberto Torolopez v. The State of Florida
The crime is different, the sentence was different, BUT the Court lays out the factors for deciding this like: if the appeal is made in good faith, defendant’s history, if ties to the community exist, potential for fleeing from the jurisdiction. I found the last two pages of their decision a good recap for why they granted a bond in that case. I highlighted the one quote her attorney mentioned towards the end of his arguments. JMOO and all that
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I can’t believe she could get bond pending appeal. She already got away with murder with that verdict and now this! I think the state made a good argument about all her efforts to be rid of Doug so she can have Emerson and that she would flee to be able to stay with Emerson if she doesn’t prevail on appeal. I don’t know if the judge will buy it. Was the sentence 20 years? I can’t even remember anymore I’m following so many trials/cases at once. Haha.
Yes, 20 yrs plus 10 yrs probation with mandatory therapy.
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I wish Tommie Benefield would have mentioned Ashley's escape plan she concocted for the night of the murder, i.e. rental car, safe house, etc. All of that chatter about her behaving being out of bond was BEFORE the trial when she was confident she would be acquitted. I have no doubt if she bonds out and her appeal is denied, she will take her daughter and run.
imo
While listening to Jena Martin testify I kept thinking that if AB is released on bond and doesn't get a new trial that Martin and her fellow Chrisitan supporters of AB could very easily turn into zealots and try and get AB/daughter out of the country then I realized that AB doesn't have a passport which leaves hiding them out within the country.
In the video a guest lawyer suggests that AB could ask Trump for clemency considering she's a big supporter who worked on his campaign.
I found Martin's testimony nauseating considering how manipulative and cunning AB is with the naive ones then throw in the Chrisitan card and AB can get away with murder with them because she claims to love Jesus/God.
There's a mini Masada possibility if AB is bonded out and then doesn't get a new trial./s
Check out Martin's testimony if you haven't already .
@3:35
I absolutely hate when the religion card is pulled. This woman hit all the boxes with the religion and even political cards being played. I agree "nauseating". I sure would hate to be in a room with her.
ABSOLUTELY! 100%!!!!!!!!!!!! (in her words!)
I have a friend here in FL that is also at the parties, etc, at Mar a Lago and an 'insider'. She has stated that Trump does NOT support SB and will NOT help her. He distanced himself from her years ago. She was a 'volunteer' and 'eye candy' back then for rallies.... thats about it. JMO...
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