SOUTH BEND, IND. -- An attorney for a man scheduled to be executed in three weeks filed a motion Monday seeking a stay, arguing that two cases before the U.S. Supreme Court could affect the case.
Attorney Alan M. Freedman, who represents Bill J. Benefiel, filed a second motion Monday in the 7th Circuit U.S. Court of Appeals in Chicago. It asked the court to reconsider its previous decision to reject Benefiel's claim that mistakes were made in jury instruction during the penalty phase of his trial.
Benefiel, 48, is scheduled to receive a lethal injection April 21 for the 1987 torture-slaying of 18-year-old Dolores Wells of Terre Haute. Benefiel held Wells captive in a vacant house for 12 days, sexually abusing her before killing her on Feb. 17, 1987. Alicia Elmore, whom Benefiel held captive for four months in the same house, survived and testified against him.
The latest motions contend that the jury that sentenced Benefiel to death was instructed that "mitigating is defined as a fact or circumstance which makes an offense appear less severe."
Freedman argued that the plain language limited the jury's consideration of mitigating circumstances such as Benefiel's long-standing mental illness and difficult childhood.
Freedman cited a November decision by the U.S. Supreme Court in which the death sentence of a convicted Texas killer was overturned because jurors in his trial did not consider his learning disability and other evidence.
The motion filed Monday also said that Benefiel's jury was also "inexplicably instructed" that "in addition to any recommendation you may recommend mercy."
Freedman argued that the jury was led to believe that mercy was something to be considered in addition to, rather than part of, the actual sentencing recommendation.
In the motion for a stay, Freedman argues that two cases that could have an impact on Benefiel's case will be argued less than a week after the scheduled execution date. He asked the court to issue a stay pending decisions on those cases.
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