People v. Bennett
290 Mich. App. 465
| Mich. Ct. App. | 2010Background
- Defendants Benett and Benson were tried together in consolidated appeals over the 2007 murder of Stephanie McClure.
- Bennett was convicted of first-degree murder as an aider-and-abetter and received a life sentence.
- Benson was convicted of first-degree murder, felon-in-possession, and felony-firearm with corresponding prison terms.
- The defense argued Bennett did not share Benson’s intent to kill and did not know he would shoot McClure.
- Evidence showed Benson threatened to kill McClure; Bennett directed Benson to McClure’s trailer to retrieve stolen items.
- Multiple witnesses testified Bennett cried or acted distressed after the shooting, suggesting she did not intend for McClure to be harmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aiding and abetting | Bennett knew Benson intended to kill or should have known. | Bennett did not share or know Benson's intent to kill. | Sufficient evidence supported aiding-and-abetting. |
| Prosecutorial misconduct on investigation plausibility | Prosecutor properly framed investigation context without misstatement. | Prosecutor bolstered officer and vouched for credibility. | No reversible prosecutorial misconduct found. |
| Confrontation Clause and hearsay under 804(b)(3) | Codefendant statements and prior hearsay were admissible under 804(b)(3). | Some statements violated confrontation rights or were testimonial. | Admission of statements consistent with non-testimonial or properly corroborated evidence. |
| Binding over sufficiency for Benson | Probable cause existed to bind Benson over based on threats and conduct. | Evidence without Fritz’s statement was insufficient for binding over. | Binding over affirmed; any error harmless given trial evidence. |
| Aiding-and-abetting jury instruction | Instruction correctly required subjective intent to aid in the crime. | Instruction allowed a should-have-known objective standard. | Instruction lacked clarity on subjective intent; substantial questions of trial fairness. |
Key Cases Cited
- People v Robinson, 475 Mich 1 (2006) (defines aiding-and-abetting elements)
- People v Perry, 460 Mich 55 (1999) (limits on aiding-and-abetting standard)
- People v Usher, 196 Mich App 228 (1992) (requires intent or knowledge for aiding)
- People v Bahoda, 448 Mich 261 (1995) (prosecutor’s vouching and credibility arguments limited)
- People v Taylor, 482 Mich 368 (2008) (testimonial status under Crawford framework)
- People v Ginther, 390 Mich 436 (1973) (Ginther standard for post-conviction relief)
- People v Kelly, 423 Mich 261 (1985) (subjective knowledge in aiding and abetting)
- People v Jones (On Rehearing After Remand), 228 Mich App 191 (1998) (confrontation and hearsay considerations)