Judge to interview Benefield jurors over misconduct allegations

BRADENTON, Fla. (Court TV) — The jurors who convicted Ashley Benefield of killing her husband will be called back to appear before a judge to answer questions.

Ashley Benefield appears in court on Wednesday, July 24, 2024. (Court TV)

Benefield, 32, faces up to 30 years in jail when she is sentenced after the six-person jury found her guilty of manslaughter on July 30. Her attorneys are fighting for her conviction to be overturned and to receive a new trial, alleging juror and prosecutorial misconduct.

On Monday, Judge Stephen Whyte presided over a hearing for the motion and determined he would bring in the jury panel to be interviewed based on the defense’s allegations. Benefield did not appear at the hearing and was represented by two attorneys: Neil Taylor, who represented her at trial, and William Ponall.

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Juror 15, who deliberated the case, is accused of lying on a questionnaire given to the prospective jurors before voir dire. The document admonishes that the form is filled out under penalty of perjury. The juror denied having any experience with domestic violence courts or heated custody battles, but Benefield’s attorney said they found the same person was served an injunction during their custody dispute and was listed as a victim in multiple domestic violence cases. “That is an absolute and direct contradiction to the form that she signed,” Taylor told Judge Stephen Whyte.

Prosecutors argued there was “no evidence of any intentional deception” and accused the defense of failing to ask the appropriate questions during voir dire. “You cannot rely solely on a questionnaire, you have to delve into it,” Assistant State Attorney Suzanne O’Donnell argued. “And the record you have shows that the defense did not delve into it.”

Benefield’s attorneys have also accused an unknown juror of sneaking a phone into the deliberation room and texting out updates. O’Donnell argued that comments on a live stream are insufficient evidence to prove that a phone was actually in the room. Even if the phone was in the room, there is insufficient evidence to suggest any messages were sent to it or that any information was incoming to the deliberation room, O’Donnell said.

READ MORE | Ashley Benefield claims juror snuck phone into deliberations

Judge Whyte ultimately disagreed with the prosecution and said he would interview all the jurors under strict guidelines. The jurors will all be questioned in camera, meaning (ironically) no cameras will be allowed and it will not be done in an open courtroom. The jurors will each be questioned separately, and Judge Whyte himself will ask the questions, which will have been submitted beforehand by both the defense and prosecution.

Judge Whyte noted that Juror 15 would be offered a court-appointed attorney, should she need one, given the circumstances and questions she will be asked.

This is only the first step for Benefield’s attorneys. After the in camera interviews, Benefield’s attorneys are expected to file new motions asking for a new trial based on what they learn.