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Thursday, May 1, 2014

Did Mark Weiner Commit a Crime Against a Complete Stranger or is He Being Falsely Accused by a Troubled Female Attempting to Provoke Her Boyfriend?

 

Updates: 

When Prosecutors Believe the Unbelievable, July 16, 2015
A man is finally freed, but that doesn’t mean the system worked.

Judge tosses abduction charge in Albemarle case, July 13, 2015
"This case has been a demonstration of how innocence will always fight to be heard and how difficult that fight can be," Benjamin said after the hearing. "Innocence this day won out... Mark will be a free man, finally and at long last."

Man who says Albemarle abduction never happened is sentenced to prison, June 10, 2015

More new evidence said to support innocence filed in abduction case , December 9, 2014

Evaluation delays sentencing in Albemarle abduction case, September 30, 2014

An innocent man? Mark Weiner case sparks legal furor as claims of a wrongful conviction precede sentencing, June 18, 2014

Judge declines to set aside verdict against Barboursville man, June 4, 2014
Issues in abduction trial will have to wait for appeal, she says

Alternate juror was surprised by Weiner conviction, May 10, 2014
Richmond lawyers want judge to set aside verdict in Albemarle abduction case


Original Post

For the last month I have been following the filing/request by Richmond attorney Steve Benjamin to overturn a conviction of guilt against an Albemarle County Virginia man, Mark Weiner before he is sentenced. Mr. Benjamin was NOT the defendant’s attorney during the original trial. 

If you have not heard of this case there are articles below from newest to oldest and you should read the story. 

  • Mr. Weiner is in the less than 6% of Virginians with criminal charges that was able to afford a trial and not take a plea deal.
  • The only evidence against him is the accuser’s word and yet he was found guilty by the jury.
  • The Commonwealth Attorney (Prosecutor) Denise Lunsford knew cell phone records did not match the accuser’s claims of where and when she was being abducted, assaulted and her escape.
  • The Commonwealth’s Attorney is claiming the judge can not overturn the conviction, that the defendant is guilty and any delay is unfair to the victim’s family. She states that the defendant can appeal after he’s been sentenced BUT as many of us know Virginia’s 21 Day Rule means the judge in this case does have the ability to overturn the guilty verdict and if he doesn’t then Mr. Weiner’s appeal process will be extremely difficult/impossible.
The prosecution suppressed evidence that could prove the victim was not in the locations she claimed she was during the supposed crime. As there was NO physical evidence or other eyewitnesses proving Mr. Weiner’s guilt and the phone records bring in to question the accuser’s complete story, Mr. Weiner’s conviction should be overturned and he should be allowed a new trial!  


Side Note:
Denise Lunsford was the requestor of Virginia’s 2014 “Revenge Porn” Law and she was the C.A. who stood in the Committee hearings asking the Legislators to pass it. 

Steve Benjamin is also Legal Council to the Senate Courts of Justice Committee; he spoke against the Revenge Porn proposal during the 2014 General Assembly session listing off numerous legal concerns. 

Mary Devoy
 

Albemarle judge to rule later in abduction case, May 1, 2014

Defense wants judge to set aside man’s conviction for abduction, April 29, 2014

Man convicted of abduction seeks reversal, release, April 29, 2014

Innocent man jailed? Perjury, misconduct, and error alleged in abduction guilty verdict, April 17, 2014

Conviction Challenged: Lawyers ask that verdict be tossed in abduction case, April 16, 2014
Cellphone records prove his innocence, victim is a liar, they say