Verdict Given in Leah Benjamin Murder Trial

The jury in the Leah Benjamin murder trial in Buffalo rendered a verdict of Guilty of Murder in the 2nd Degree for the shooting death of her estranged husband, Donald Benjamin, on the morning of May 3, 2009. Closing arguments were held Tuesday, with the jury going into deliberations just before 2 o'clock that afternoon. The verdict was given just before 3:30 Wednesday afternoon.

The 12 person jury found Benjamin not guilty of 1st degree murder, which was the highest charge which was brought against her. 4th Judicial District Court Judge John Fenn ordered that Benjamin be held in the custody of the Johnson County Detention Center with no bond until sentencing.

Prosecuting attorney Chris Wages says that Benjamin, age 45, will possibly be sentenced between 45 and 60 days from now. A sentencing date has not been set at this time. Benjamin faces a penalty of imprisonment for a term not less than 20 years according to Wyoming state law.

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I have to agree with the top

I have to agree with the top sorry for the kids. Also why even open the door if you don't want anyone in. That is why
there is 911 isn't there? Come on people they didn't even live together anymore for years. Murder was an excuse. Now what about the family. Apperntly she never thought of them now did she. my thoughts & prayers go out to them.

I am so sorry for the kids

I am so sorry for the kids on both sides of this family as well as the extended families..this situation could have been avoided..He left her and went to Buffalo and in my opinion, she didn't need to follow him up there..she also didn't need to wait for 15 hours to report this crime..I am really tired of women who cry wolf in the battered women stories when they are just as guilty of being a batterer themselves..there is alot of abuse out there and by someone crying wolf when they give as good as they get only makes it harder for someone truly abused..lets pray for the families

Domestic Violence

If this woman's husband left her and moved to Buffalo, she should have gone the opposite direction, plain and simple. However, there is nothing plain or simple about an abusive relationship. Each case is unique and if you have never been in an abusive situation you have no idea what it's like. Leaving isn't always easy. In a lot of cases the abuser isolates the victim, keeping them from family and friends, not allowing them to work, monitoring their every move and keeping them virtual prisoners in their own homes. Victims in these situations are not partners in the marriage/relationship, but possessions that the abuser believes he/she has total and complete control over.

My opinion......Leah would not have been convicted of 2nd Degree Murder if she had not enticed her husband to her home under false pretenses.

"enticed her husband to her

"enticed her husband to her home under false pretenses."

!!!! THIS IS THE DEFINITION OF FIRST DEGREE MURDER !!!!

Yet another case where a woman is allowed to use "Domestic Violence" to get a leg up in the legal system....

Did they submit diminished capacity as a defense ?

Yes,the defense attorney has

Yes,the defense attorney has diminished capacity.

Makes you wonder what a real

Makes you wonder what a real defense attorney could have done in her behalf.

hard to be a juror

I don't know all the details of this case, other than what has been reported on here or the Press. I would hate to sit on a jury for a case like this. If she was indeed a battered wife what would have brought her to this. I'm happy that it was reduced to 2nd degree. My thoughts go out to her and her family. And the family of her husband. A tragedy all the way around.

For my masters I did a lot

For my masters I did a lot of research on BWS and unless you have been in that situation I just don't think you understand how powerful it is...the fear never leaves. I did this for research as I ended up in a situation like that. Luckily I got out, but even now when I look back I am shocked that I never felt I could get out sooner. This was after only 9 years...I cannot imagine those that endure longer.

This is just a case of using

This is just a case of using BWS as an excuse. Leah had a job and was by no means isolated from friends and family unless by her choosing. She is very good at ditching "friends" if they no longer serve her purpose. She is also a very good liar.

If you do some research, you

If you do some research, you will find that you don't have to 1.) not have a job and 2.) be completely isolated

Biggest problem is not understanding the effects of battering. And by no means am I saying she was or wasn't, I have no knowledge of her case. Just saying that it isn't as cut and dried as you are trying to make it.

BWS

"syndrome" in this type of situation is the wrong use of the word. This is yet another case where psychologists try to reinforce "Perception is Reality." People need to wake up, and see this is simply not the case. To agree that perception is reality, is admitting that George Orwell's 1984 was fact not fiction..

WAKE UP !!!!!!!!

You are correct, they really

You are correct, they really don't use that term anymore, but for the purpose of general pop it is still more recognized so I used it.

My thoughts and prayers will

My thoughts and prayers will always be with the kids and extended families. They are the ones who will suffer the most and had no control over the actions of the "adults" in their lives.

There was recently a case in

There was recently a case in Miles City, MT in which it ended the other way. She left, husband came and killed her. Again, the remaining family suffers. One never knows all the details that took place behind closed doors...

I'm so, so sorry Leah.

I'm so, so sorry Leah.

MURDER is wrong. Why are you

MURDER is wrong. Why are you sorry for her? She had so many other options. Like not following him to Buffalo.

I agree

People seem to forget that women HAVE OPTIONS on the table to get away from situatins like this.. She should count her lucky stars that they only dished out 2nd degree murder on her.

I agree. I was in a

I agree. I was in a domestic abuse relationship, I got out. I sure as heck won't go back either.

Yes, murder is wrong, but I

Yes, murder is wrong, but I can understand how Leah, in that moment, may have come to believe this was her last and only option. I remember being next to a kitchen drawer, with my husband coming at me. I opened it, pulled out the biggest butcher knife in there and told him I wasn't gonna let it happen one more time. The ONLY thing in my mind was protecting myself. Miraculously, he left the house and by the time he got back I was gone - - - 700 miles gone. By that time I was nothing but skin and bones, looked like warmed-over death, and had a nervous breakdown two days later.

Unless you've had an abusive husband (or wife), you can't even come close to realizing what it does to the brain.

The key here is that he

The key here is that he tried to leave her on more than one occasion and she kept following him. I am not saying he was a saint, but she isn't either.

I am in the process of

I am in the process of getting out of a very abusive relationship,so I can tell you all how hard it is. Yes women have options but it's easier said than done when your husband is the one supporting you and your kids.

Very true, the hold and even

Very true, the hold and even the fear continue...but there is hope on the other side. Kudos to you for getting out and keep on putting one foot in front of the other. It does get better. I hope you have a strong network.