 |
From Court: ON DEATH ROW SINCE 11-03-88 DOB: 06-03-1956 DOC#: 886175 White Male Vigo County Superior Court Judge Michael H. Eldred Prosecutor: Phillip I. Adler Defense: Daniel L. Weber, Christopher B. Gambill Date of Murder: February 7, 1987 Victim(s): Delores Wells W/F/19 (No relationship to Benefiel) Method of Murder: asphyxia with superglue Summary: The State's case was established by a surviving victim, 17 year old Alicia, who was kidnapped on the way to a store in Terre Haute by Benefiel, armed with a gun and wearing a mask. Alicia was tied-up and gagged, driven to Benefiel's home and taken inside. During 4 months of captivity inside Benefiel's home, Alicia was raped and sodomized over 60 times at gunpoint. Most of this time she was chained and handcuffed to a bed. He glued her eyelids shut, put tape over her eyes, and toilet paper in her mouth. She was cut with a knife and beaten. After 3 months, Alicia saw asecond girl, Delores Wells, in the home. She was naked and handcuffed on the bed, with tape over her eyes and mouth. She later saw Benefiel beat Delores and put superglue in her nose, then pinch it together. Benefiel left the home for 2 hours and upon his return, confessed to Alicia that he had killed and buried Delores. When police knocked on the door, Benefiel stuffed Alicia into a ceiling crawl space. The police entered with a search warrant and rescued her. The body of Delores was found soon after in a wooded area. An autopsy established asphyxia as the cause of death. (insanity defense) Conviction: Murder, Confinement (B Felony), Rape (B Felony), CDC (B Felony) Sentencing: November 3, 1988 (Death Sentence) Aggravating Circumstances: b(1) Rape, Criminal Deviate Conduct Mitigating Circumstances: mental disease, irresistible impulse Direct Appeal: Benefiel v. State, 578 N.E.2d 338 (Ind. September 18, 1991) Conviction Affirmed 5-0 DP Affirmed 5-0 Givan Opinion; Shepard, Debruler, Dickson, Krahulik concur. Benefiel v. Indiana, 112 S.Ct. 2971 (1992) (Cert. denied) PCR: PCR Petition filed 02-28-94; PCR denied 09-03-96. Benefiel v. State, 716 N.E. 2d 906 (Ind. September 29, 1999) (Appeal of PCR denial by Special Judge Frank Nardi, Affirmed 5-0 ) (Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur). Benefiel v. Indiana, 121 S.Ct. 83 (2000) (Cert. denied) Habeas: Petition for Writ of Habeas Corpus filed May 5, 2000 in the United States District Court, Southern District of Indiana. Writ denied 01-07-03 by U.S. District Court Judge Richard L. Young. Benefiel v. Davis, 357 F.3d 655 (7th Cir. January 30, 2004) (Appeal of denial of Writ of Habeas Corpus) Affirmed 3-0; Opinion by Circuit Judge Terrance T. Evans. Judges Frank H. Easterbrook, William J. Bauer concur. PETITION FOR WRIT OF CERTIORARI PENDING U.S. SUPREME COURT. (DUE BY AUGUST 11, 2004)
From Court: ON DEATH ROW SINCE 11-03-88 DOB: 06-03-1956 DOC#: 886175 White Male Vigo County Superior Court Judge Michael H. Eldred Prosecutor: Phillip I. Adler Defense: Daniel L. Weber, Christopher B. Gambill Date of Murder: February 7, 1987 Victim(s): Delores Wells W/F/19 (No relationship to Benefiel) Method of Murder: asphyxia with superglue Summary: The State's case was established by a surviving victim, 17 year old Alicia, who was kidnapped on the way to a store in Terre Haute by Benefiel, armed with a gun and wearing a mask. Alicia was tied-up and gagged, driven to Benefiel's home and taken inside. During 4 months of captivity inside Benefiel's home, Alicia was raped and sodomized over 60 times at gunpoint. Most of this time she was chained and handcuffed to a bed. He glued her eyelids shut, put tape over her eyes, and toilet paper in her mouth. She was cut with a knife and beaten. After 3 months, Alicia saw asecond girl, Delores Wells, in the home. She was naked and handcuffed on the bed, with tape over her eyes and mouth. She later saw Benefiel beat Delores and put superglue in her nose, then pinch it together. Benefiel left the home for 2 hours and upon his return, confessed to Alicia that he had killed and buried Delores. When police knocked on the door, Benefiel stuffed Alicia into a ceiling crawl space. The police entered with a search warrant and rescued her. The body of Delores was found soon after in a wooded area. An autopsy established asphyxia as the cause of death. (insanity defense) Conviction: Murder, Confinement (B Felony), Rape (B Felony), CDC (B Felony) Sentencing: November 3, 1988 (Death Sentence) Aggravating Circumstances: b(1) Rape, Criminal Deviate Conduct Mitigating Circumstances: mental disease, irresistible impulse Direct Appeal: Benefiel v. State, 578 N.E.2d 338 (Ind. September 18, 1991) Conviction Affirmed 5-0 DP Affirmed 5-0 Givan Opinion; Shepard, Debruler, Dickson, Krahulik concur. Benefiel v. Indiana, 112 S.Ct. 2971 (1992) (Cert. denied) PCR: PCR Petition filed 02-28-94; PCR denied 09-03-96. Benefiel v. State, 716 N.E. 2d 906 (Ind. September 29, 1999) (Appeal of PCR denial by Special Judge Frank Nardi, Affirmed 5-0 ) (Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur). Benefiel v. Indiana, 121 S.Ct. 83 (2000) (Cert. denied) Habeas: Petition for Writ of Habeas Corpus filed May 5, 2000 in the United States District Court, Southern District of Indiana. Writ denied 01-07-03 by U.S. District Court Judge Richard L. Young. Benefiel v. Davis, 357 F.3d 655 (7th Cir. January 30, 2004) (Appeal of denial of Writ of Habeas Corpus) Affirmed 3-0; Opinion by Circuit Judge Terrance T. Evans. Judges Frank H. Easterbrook, William J. Bauer concur. PETITION FOR WRIT OF CERTIORARI PENDING U.S. SUPREME COURT. (DUE BY AUGUST 11, 2004) |
