Judge hears claims on motions for new trial

A Houston County judge dismissed several claims Wednesday filed by a Dothan man on death row as part of an extensive petition filed for a new trial.

Circuit Court Judge Larry Anderson heard arguments in a motion for a partial dismissal of a petition for a new trial previously filed by 27-year-old Brandyn Benjamin and his defense lawyers.

Benjamin is on death row for the shooting death of Jimmy Floyd Lewis on Nov. 18, 2000. Benjamin was convicted of capital murder-robbery and sentenced to death in September 2004.

Robert Schnell, of Minneapolis, has filed a 138-page petition for a new trial for Benjamin, but the motion has not been heard yet by the court. Benjamin is also represented by Eileen Hunter, also of Minneapolis, and John Steensland III of Dothan.

Schnell said the major basis behind the petition is ineffective assistance of counsel during Benjamin’s first trial. Benjamin was previously represented by Michael Crespi and Kalia Lane.

Anderson granted a motion to dismiss by the state for the claim that Crespi asked for confusing felony murder instructions to be given to the jury during the trial.

“It doesn’t call it felony murder; it calls it murder,” Schnell said as he argued for one of the ineffective counsel claims.

Thomas Govan, an attorney with the Alabama Attorney General’s Office, said the instructions were properly given to the jury.

The lawyers will argue their cases on ineffective assistance of counsel at an evidentiary hearing in front of Anderson. Schnell said the defense needed six to nine months to prepare for the evidentiary hearing, which could take several days to complete. Schnell said they have several witnesses, including at least one from Louisiana.

No date for the hearing has been set.