Judge Rejects Brendan Banfield's Bid to Void Double Murder Conviction in Fairfax County

A Virginia judge dismissed a motion to overturn Brendan Banfield's guilty verdict, one day before his sentencing for the murders of his wife and another man.

Judge upholds double murder verdict against Brendan Banfield ahead of sentencing

A Fairfax County judge has rejected a last-ditch attempt by defence attorneys to have Brendan Banfield's double murder conviction overturned, according to nbcwashington.com. The ruling came one day before Banfield is due to be sentenced to life in prison.

Banfield's defence attorney, John Carroll, argued that three trial errors had materially influenced the jury's decision to convict his client. Carroll described the issues as factual in nature rather than substantive legal grounds, and the presiding judge dismissed the motion to acquit during Thursday morning's hearing without delay.

In February, Banfield was found guilty on two counts of aggravated murder. Prosecutors established that he conspired with the family's Brazilian au pair — with whom he was having an affair — to lure a man to the family's Herndon home under the pretence of a staged sexual encounter with his wife, Christine. Banfield then murdered Christine and the other man, identified as Joseph Ryan.

Carroll argued on three grounds. First, he claimed prosecutors had improperly used Banfield's silence during the investigation as evidence against him. Prosecutors countered that the silence in question occurred well before Banfield's arrest and therefore fell outside the protections afforded by Miranda rights. Second, Carroll alleged the court had violated a rule governing witnesses. Third, he contended that the prosecution failed to correct what he characterised as false testimony given by the au pair.

The judge rejected all three arguments. Banfield is set to be sentenced to life in prison the following day.

Source: Google News MT — Crime (en)