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Thread: Benjamin Davis Smiley, Jr. - Florida Death Row

  1. #1
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    Benjamin Davis Smiley, Jr. - Florida Death Row





    Tampa man guilty of Lakeland woman's killing

    By John Chambliss
    The Ledger

    BARTOW — A 23-year-old Tampa man was found guilty Wednesday of fatally shooting a Lakeland woman in her home in 2013.

    Benjamin Smiley faces the death penalty for killing Carmen Riley, 46.

    The death penalty phase of the trial before Circuit Judge Jalal Harb is expected to begin in 2016. A separate panel of jurors will be chosen to determine whether to recommend death for Smiley.

    In addition, Smiley faces a second death penalty trial in 2016.

    Smiley is accused of killing Clifford Drake about a month after Riley was shot and killed.

    A jury of four men and eight women deliberated for five hours before finding Smiley guilty of first-degree murder and robbery with a firearm.

    Riley's brother said his only sister was well-liked in the community.

    "She was the big mama of the neighborhood," Dwain Babb said after the ruling.

    Babb said Smiley deserves to die.

    "He killed somebody so he deserves that," Babb said.

    In closing arguments Tuesday, Kristie Ducharme, assistant state attorney, said Riley, who sold liquor and food out of her home, was targeted because of the money from the business.

    "He went to her house, and knocked on the door with a .38-caliber in hand," Ducharme said.

    Smiley was on a mission to steal, Ducharme said. When he found $2,000 and marijuana after the shooting, he ran out the back door.

    No one learned of the connection to Smiley until earlier this year when officials say a break in the case came when a concerned citizen called police after finding clothing that did not belong to him in the bed of his truck, which was parked at his home near the crime scene.

    A dark-colored, hooded jacket with a pair of latex gloves in the pocket was seized by police.

    Detectives were able to link DNA from the clothing to DNA found on a backpack left behind at the scene of the Drake homicide, but at that point, they did not have a suspect.

    Smiley was later charged after investigators were alerted to a DNA match following his arrest in Hillsborough County for armed robbery, for which he's currently serving a six-year sentence. A witness questioned about the Drake killing told police about Smiley's involvement in the death of Riley.

    David Carmichael, Smiley's lawyer, said the witnesses in the case were unreliable, dishonest and only talked to investigators so they could avoid charges.

    Carmichael pointed to a text message exchange one of the witnesses had with another witness about possibly making up a story to avoid jail time.

    "I felt like they made me make up this story so I wouldn't go to jail when I really don't know nothing about it," the text exchange read from one of the witnesses.

    Carmichael said there wasn't any scientific evidence to link Smiley to Riley's death.

    "The only evidence is that testimony," Carmichael said. "He's a liar, convicted felon and the state gave him immunity," Carmichael said of the state's witness.

    There was no reaction from Smiley when the verdict was read.

    http://www.theledger.com/article/201...man-s-killing-

  2. #2
    Senior Member CnCP Legend Mike's Avatar
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    October 6, 2016

    Jury convicts Benjamin Smiley of murder in 2013 Lakeland shooting death

    BARTOW – After deliberating more than six hours Thursday, a Polk County jury convicted Benjamin Davis Smiley Jr. of first-degree murder for the 2013 shooting death of Clifford Drake, who was gunned down in his Lakeland home during a robbery.

    During the trial, Smiley, 24, testified he wasn’t there, but prosecutors presented DNA evidence linking him to the crime and an eyewitness who identified Smiley as the gunman.

    The conviction marks the second time Smiley, of Tampa, has been found guilty of murder. Last November, a different jury convicted him of killing 46-year-old Carmen Riley in another home invasion shooting.

    Prosecutors are seeking the death penalty in both cases, but have delayed sentencing proceedings until the Florida Supreme Court sorts out issues related to the state’s death penalty process.

    During the two-week trial, Smiley told jurors he wasn’t near Clifford Drake’s home the night of April 15, when two men robbed Drake, 58, and his stepson, Mark Wilkerson, at gunpoint.

    But prosecutors presented evidence of a hooded sweatshirt that Wilkerson said Smiley was wearing the night of the attack and a backpack the two assailants left behind in Drake’s home.

    Investigators found Smiley’s DNA on both them.

    During the investigation, Wilkerson picked Smiley’s photo out of a photo pack, and he testified during the trial that Smiley was the man who held him at gunpoint and killed his stepfather.

    Criminal charges haven’t been brought against the man who Wilkerson said was in his stepfather’s home that night.

    In her closing argument, Assistant State Attorney Kristie Ducharme told jurors that all of the state’s evidence was either coincidence and Smiley had very bad luck or he was in the Lakeland home when Drake was shot in the chest.

    Bartow lawyer Kevin Kohl, representing Smiley, pointed out discrepancies in the state’s evidence, including a safe believed to be Drake’s but didn’t match the one in a crime scene photo.

    He also raised questions about a bullet that he said couldn’t be traced to a person who found it or where it was found.

    Smiley said the items found to contain his DNA weren’t his, but belonged to a friend. He said his DNA may have gotten on them before they were linked with the murder case.

    http://www.theledger.com/news/201610...shooting-death
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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    Administrator Helen's Avatar
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    New Polk jury deciding between life or death sentence for convicted murderer Benjamin Smiley

    By Suzie Schottelkotte
    The Ledger

    BARTOW – Convicted murderer Benjamin Davis Smiley Jr. is back in court today, this time so a new jury can decide whether he should receive life imprisonment or the death penalty for fatally shooting Clifford Drake during a 2013 home invasion robbery.

    Assistant State Attorney Kristie Ducharme told jurors the state would present evidence supporting six reasons for them to recommend that Circuit Judge Jalal Harb should sentence Smiley, 24, to death. Most of them involved violent crimes committed during Drake’s murder and a second Lakeland killing less than a month earlier.

    Separate juries have convicted Smiley in both murders and prosecutors are seeking the death penalty in each case, but the sentencing phases in those trials were delayed while the Florida Supreme Court and the state Legislature worked out issues related to the death penalty process.

    Ducharme said prosecutors also intend to argue that Drake, 58, was murdered for financial gain and that his killing was heinous, atrocious and cruel.

    Bartow lawyer David Carmichael, representing Smiley, said Smiley’s physicians will testify that he experienced two brain aneurisms about six months before Drake was killed, and those conditions left him with brain damage.

    “You’ll hear testimony about how it affected his thinking and reasoning, and understanding of consequences and impulsivity,” Carmichael told the jurors.

    He said Smiley’s aunt, Samantha Lee, and his cousin, John McDonald, were the architects of the crimes leading to the murders of Drake and 46-year-old Carmen Riley of Lakeland. They knew of Smiley’s mental issues, he said, and they recruited him to commit the crimes.

    “They were not charged with this crime,” Carmichael said.

    In her opening statement to jurors today, Ducharme told them that Drake’s stepson, Mark Wilkerson, saw Smiley and another man outside the house and was forced inside at gunpoint, where Drake was sleeping. The men demanded to know where the safe and money were, and when Drake said he had neither, Smiley shot him in the chest, Ducharme said.

    During the trial in October, Wilkerson identified Smiley as the assailant in his house, and additional testimony identified a sweatshirt and backpack found in and near the house that contained Smiley’s DNA.

    Carmichael said the other man in the house with Smiley never has been identified.

    This week’s sentencing hearing is expected to continue through Friday. Under the state’s new sentencing process, all 12 jurors must agree that prosecutors have proven the death penalty should be imposed. Ultimately, the final decision will rest with Harb.

    http://www.theledger.com/news/201704...enjamin-smiley
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Jury recommends death for convicted murderer in Lakeland home invasion

    A Circuit Court jury agreed unanimously Friday to recommend the death penalty for convicted murderer Benjamin Davis Smiley Jr., who fatally shot a Lakeland man during a 2013 home invasion robbery.

    The verdict marks the first in Polk County under the state’s new death penalty laws, which require a unanimous recommendation by the jury. Under the old law, a majority vote was enough to recommend the death penalty.

    The final decision on sentencing rests with Circuit Judge Jalal Harb, who can override the jury’s death recommendation. No sentencing date has been set.

    The jury of seven women and five men deliberated about four hours Friday before reaching a recommendation on Smiley’s sentencing, which was the only issue the jurors considered. Another jury had found Smiley guilty of first-degree murder last October, but the sentencing phase of the trial was delayed until the Florida Supreme Court and the state Legislature worked out issues related to the death penalty process.

    Smiley, 24, of Tampa, was convicted of murdering 58-year-old Clifford Drake, who was awakened in his Lakeland home during a robbery.

    Smiley and another man demanded to know where Drake hid his safe.

    When Drake said he didn’t have one, Smiley first shot him in the leg to encourage him to provide its location, investigators said. When Drake continued his denials, Smiley shot him in the chest, according to Drake’s stepson, Mark Wilkerson, who testified against Smiley.

    DNA on a backpack and jacket left at the scene led authorities to Smiley. He told authorities they belonged to a friend, and his DNA must have gotten on them before they were linked with the murder case.

    Smiley also has been convicted of murder in a related home invasion in Lakeland less than a month before Drake was killed. In November 2015, a jury found him guilty of killing 46-year-old Carmen Riley, and prosecutors are seeking the death penalty for that murder. Sentencing in that case is pending.

    During this week’s sentencing hearing, prosecutors argued that Smiley should be executed because of the violent felonies in his criminal record, and that Drake’s murder was committed for financial gain and was particularly cruel.

    Smiley’s lawyers presented testimony that he was treated for two brain aneurysms within five months of Drake’s murder, and the damage from those aneurysms altered his personality. As a result, Bartow defense lawyer David Carmichael said, Smiley couldn’t control his impulses.

    Assistant State Attorney Kristie Ducharme said Smiley held Wilkerson at gunpoint, but was able to refrain from shooting him.

    “That is the most compelling evidence to show that this defendant knows how to control his behavior when he has to,” she said. “But Mark Wilkerson cooperated.”

    http://www.theledger.com/news/201704...-home-invasion

  5. #5
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    Judge condemns Tampa man to death for 2013 Lakeland murder

    By Suzie Schottelkotte
    The Ledger

    BARTOW — Benjamin Davis Smiley Jr. sat motionless Friday as Circuit Judge Jalal Harb sentenced him to die.

    “For the murder of Clifford Drake,” Harb said, “you are sentenced to be put to death in a manner prescribed by law.”

    He said the reasons argued by Smiley’s lawyers for granting him mercy, including two brain aneurysms that left him with permanent damage, paled in comparison to those presented by prosecutors for imposing the death penalty, including Smiley’s violent past and the cruelty of his actions.

    Shelia Drake, the victim’s widow, cheered Friday upon learning of Smiley’s death sentence.

    “Oh my God, that’s a blessing,” she said. “My husband can rest, and I can rest now. My husband will be gone five years this year, on April 16, and I think about him every day. We would have been together 23 years in January if he was still living.”

    Clifford Drake, 58, was awakened in the bedroom of his Lakeland home in April 2013 by Smiley tapping him on the forehead with a chrome revolver, according to court testimony. He demanded to know where the safe was hidden, and when Drake said he didn’t have one, Smiley shot him in the leg to encourage him to reveal the location. When Drake continued his denials, according to court testimony, Smiley fired a fatal shot into his chest.

    Smiley of Tampa also held Drake’s stepson, Mark Wilkerson, at gunpoint during the attack. He ran from the home after firing the shots that killed Drake.

    Lakeland police detectives investigated the case for two years before arresting Smiley in July 2015. Their break came when Hillsborough County deputies arrested him for armed robbery, and his DNA in that case was linked with DNA found at the Drake murder scene.

    A Polk County jury deliberated more than six hours in October 2016 before convicting Smiley of Drake’s murder. Smiley had testified during the trial that he wasn’t involved with the robbery or shooting, but prosecutors presented eyewitness testimony from Wilkerson and DNA evidence that placed Smiley at the scene.

    In an unrelated case, Harb sentenced Smiley to life imprisonment Friday for killing Carmen Riley, 46, who was gunned down during an attempted robbery at her Lakeland home in March 2013. He was convicted of her first-degree murder following a jury trial in November 2015, and prosecutors initially were seeking the death penalty in that case. They later withdrew the death penalty, leaving life imprisonment as the only option.

    Friday’s death sentence was the first in Polk County since 2012, when Robert McLeod was condemned to die, and the first since the state Legislature overhauled the death-penalty process last year. It also marked the first time Harb, a former assistant state attorney who prosecuted murder cases, has imposed a death sentence on a defendant.

    Sentencing in the Drake murder had been delayed while the state revamped its death-penalty process in response to U.S. Supreme Court mandate. With new guidelines in place, a Polk County jury heard testimony in April and recommended unanimously that Smiley should die for Drake’s murder. Harb followed that recommendation Friday in imposing the death penalty.

    http://www.theledger.com/news/201802...akeland-murder
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    Moderator Ryan's Avatar
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    Smiley entered Florida's death row 3/1/18.

    http://www.dc.state.fl.us/OffenderSe...rowroster.aspx

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    Benjamin Davis Smiley, Jr. v. State of Florida

    In today's opinions, the Florida Supreme Court AFFIRMED Smiley's conviction and sentence of death on direct appeal.
    An uninformed opponent is a dangerous opponent.

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    Article

    Florida Supreme Court upholds death penalty in 2013 Polk murder

    At 27, Benjamin D. Smiley Jr. is the youngest person on Florida’s death row, convicted of killing a Lakeland man in a 2013 home-invasion robbery.

    BARTOW – The Florida Supreme Court has upheld the murder conviction and death penalty against Benjamin D. Smiley Jr., who was found guilty in October 2016 of gunning down a 58-year-old Lakeland man during a home-invasion robbery.

    The state’s high court rejected arguments, in part, that there wasn’t sufficient evidence to convict Smiley, of Tampa, and that some photographic evidence should not have been admitted.

    At 27, Smiley remains the youngest inmate on Florida’s death row.

    Clifford Drake was awakened in the bedroom of his Lakeland home that April night in 2013 to Smiley tapping him on the forehead with a chrome revolver, according to court testimony. Smiley ordered Drake to tell him where the safe was hidden, and when Drake said he didn’t have one, Smiley fired a single shot into his leg, hoping to force himto reveal the safe’s whereabouts. When Drake continued denying any knowledge of a safe, Smiley shot him in the chest.

    During Smiley’s trial, Mark Wilkerson identified Smiley as the man he had seen in the back yard of his stepfather’s home the night of the shooting, and who had ordered him inside at gunpoint.

    During the investigation, Lakeland police detectives discovered a backpack that had been left behind in Drake’s bedroom, but it would take two years to make an arrest. Their break came when Hillsborough County deputies arrested Smiley for armed robbery, and his DNA in that case was linked with DNA found at the Drake murder scene.

    In testimony during the trial, Smiley told jurors he wasn’t at Drake’s home that night and had no involvement in the crime.

    Jurors deliberated about six hours in 2016 before convicting Smiley of first-degree murder, armed robbery, aggravated assault with a firearm and armed burglary. Sentencing was delayed while the state Legislature revised Florida’s death-penalty process in response to a U.S. Supreme Court mandate.

    In April 2017, a new jury recommended unanimously that Smiley should be executed for Drake’s murder, and Circuit Judge Jalal Harb followed that recommendation when sentencing him to death in February 2018.

    In an unrelated case, Smiley was sentenced to mandatory life imprisonment in February 2018 for gunning down Carmen Riley, 46, during an attempted robbery in her Lakeland home a month before Drake’s killing. Prosecutors initially had been seeking the death penalty in that case, as well, but later withdrew it.

    https://www.theledger.com/news/20200...13-polk-murder
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    Moderator Bobsicles's Avatar
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    Distributed for conference January 8, 2021.

    https://www.supremecourt.gov/search....c/20-6060.html
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    Moderator Bobsicles's Avatar
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    Petition for certiorari denied.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC18-385)
    Decision Date: May 14, 2020

    https://www.supremecourt.gov/orders/...21zor_5he6.pdf
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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