BRADENTON, Fla. (Court TV) — A former ballerina convicted of manslaughter for killing her husband is asking for a new trial, saying that a juror illegally smuggled a phone into the deliberation room.
Ashley Benefield was convicted of manslaughter for the death of her husband, Doug Benefield. (Manatee County Sheriff’s Office)
Ashley Benefield is awaiting sentencing after a jury failed to be convinced that she shot her husband, Douglas Benefield, in self-defense. While she faces a potential sentence of 30 years behind bars, her attorneys are trying to get her a new trial and have cited a number of issues.
The motion, reviewed by Court TV, accuses prosecutors of making several “improper and inflammatory remarks” during their closing arguments in the case, including telling the jury that Doug had filed for sole custody before his death. In fact, it had been Ashley who had filed for sole custody before the shooting. The defense also took issue with prosecutors calling Ashley a “manipulator” at least 14 times and accused the state of ridiculing her emotional testimony.
UPDATE | Judge to interview Benefield jurors over misconduct allegations
Included with the motion for a new trial is a motion to interview the jurors who convicted Ashley. Her attorneys have said that a juror, who has yet to be identified, brought a cell phone into the jury room and used it to communicate while the deliberations were ongoing.
User “That-Hoodie Guy” made comments on a live stream of the trial during deliberations that Ashley’s attorney say are proof he was in communication with someone inside of the jury room. In a series of messages that began 10 minutes before parties were told there was a verdict, That-Hoodie Guy said, “VERDICT INCOMING” and “MY SISTER SNUCK A FLIP PHONE IN, SHE TEXT ME 5-1 GUILTY MAY COMPROMISE ON MANSLAUGHTER.” Two minutes after that message, the jury returned the compromise verdict of manslaughter.
Defense attorneys said they also want to talk to Juror 15, who is accused of lying on a questionnaire during voir dire. The juror failed to disclose her personal history with domestic violence, and the fact that she is party to a custody situation similar to the Benefields’.
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.
