Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible.
There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason. Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
-Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”
We, the undersigned, together with the family and friends of Michael Benge, urge Governor Strickland to commute Michael Benge’s death sentence.
Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible.
• There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason.
• Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
-Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”
We deeply sympathize with the family and friends of Judith Gabbard, but we respectfully offer that another death will neither heal nor resolve this tragedy
Action petitioned for: We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Michael Benge to life without parole.
There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason. Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
-Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”
We, the undersigned, together with the family and friends of Michael Benge, urge Governor Strickland to commute Michael Benge’s death sentence.
Michael is repentant and takes responsibility for the murder of Judith Gabbard, but still maintains his innocence in regard to the robbery that the prosecution alleged in order to make him death penalty eligible.
• There were improper jury instructions which precluded the jury from hearing Michael’s defense. In fact, Judge Martin, of the 6th Circuit believes Michael should be granted a new trial for this reason.
• Michael’s trial attorney had a conflict of interest that severely hampered Michael’s defense.
-Appellate counsel discovered an undisclosed deal for the states number one witness, but failed to raise it in Michael’s appeals. The prosecutor misled the jury, saying “no deals were made!”
We deeply sympathize with the family and friends of Judith Gabbard, but we respectfully offer that another death will neither heal nor resolve this tragedy
Action petitioned for: We, the undersigned, are concerned citizens who urge Governor Strickland to commute the sentence of Michael Benge to life without parole.
Michael Benge 276 821
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown Ohio 44505
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown Ohio 44505
Race: C
County: Butler
Scheduled Execution Date; October 6, 2010
Scheduled Execution Date; October 6, 2010
Victims: Judith Gabbard
The Crime: Benge was sentenced to death for the 1993 killing of his girlfriend, Judith Gabbard, on the west side of the Miami River in Hamilton in southwest Ohio.
Benge beat Gabbard with a metal pipe several times during an argument, threw her body in the river, then used Gabbard's ATM card to withdraw $400 from her bank account.
The Crime: Benge was sentenced to death for the 1993 killing of his girlfriend, Judith Gabbard, on the west side of the Miami River in Hamilton in southwest Ohio.
Benge beat Gabbard with a metal pipe several times during an argument, threw her body in the river, then used Gabbard's ATM card to withdraw $400 from her bank account.
The only aggravating factor was an ATM card
Benge asks whether an attorney in a capital case was constitutionally ineffective for failing to object to flawed jury instructions. As in Van, the majority concludes that the defendant was not prejudiced. Judge Martin dissents, using the case as another opportunity to criticize the death penalty as arbitrary. Here, the only aggravating factor in the underlying murder was that Benge stole the victim’s ATM card while killing her.
Benge is out of Butler County.
Judge Martin dissented on the ground that Benge received ineffective assistance of counsel at trial because his counsel failed to object to an incorrect jury instruction. The instruction prevented the jury from considering Benge’s defense of voluntary manslaughter until the jury acquitted Benge of aggravated murder.
Judge Martin dissented on the ground that Benge received ineffective assistance of counsel at trial because his counsel failed to object to an incorrect jury instruction. The instruction prevented the jury from considering Benge’s defense of voluntary manslaughter until the jury acquitted Benge of aggravated murder.
Prosecutor Piper announces today that Butler County murderer, Michael Benge has been scheduled for execution on October 6, 2010.
In the early morning hours of February 1, 1993, Judith Gabbard’s car was found abandoned on the west side of the Great Miami River in a field near the city’s water treatment plant. After the car was towed in, smears of blood and blood spatters were observed on the car. Hamilton Police were called in and a search revealed the body of Judith Gabbard in the Great Miami River. A thirty-five pound piece of concrete had been placed on her head and chest area in an apparent effort to sink and conceal the body.
Judy Gabbard had been struck nearly a dozen times with a tire iron, leaving severe gashes about her head and face. Benge told witnesses that he and his girlfriend had "gotten into it" earlier, that it "blew over." Later he indicated that she was fighting with him and had tried to run him over with the car.
Despite the execution date, the Ohio Parole Board will still consider Benge’s application for clemency. All applications are reviewed and examined by the Board to determine the propriety of clemency, with a recommendation being forwarded to the Governor. Executive clemency can only be granted by the Governor. Most likely, Benge’s attorneys will be attempting to have the Governor lift the death sentence, and instead grant life in prison. The death penalty was given by a jury and independently reviewed by the Court. Benge has exhausted all of his state and federal appeals.
Prosecutor Piper, the prosecutor who tried the case, stated, “Benge lied to the police, lied to the jury, and is now attempting to mislead the Clemency Board by acting remorseful. He deserved the death penalty then and he deserves it now. Judy Gabbard was a beautiful, hard-working woman who would be with her family to this day, if not for the cold-blooded, very violent, brutality that Benge used to steal her life. I’ll fight the clemency proceedings tooth-and-nail, and if anyone saw what he did to Judy, they would understand why.”
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