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U.S. Supreme Court to Review Death Row Conviction for Ben Lilly

Strategic Insights

— 1 min read

Ben Lilly, who was sentenced to death two years ago for the murder of a Virginia Tech student, received a rare reprieve when the U.S. Supreme Court announced it will review his case. The news overjoyed Lilly's defense team, but dismayed the slain student's mother. The Supreme Court has granted fewer than 100 of the 9,000 or so petitions it received this year, and Lilly's trial lawyer, Christopher Tuck, said he is "cautiously optimistic" the high court will do the right thing and overturn the conviction.

Key Takeaways:

  • The U.S. Supreme Court has agreed to review Ben Lilly's death row conviction, citing a constitutional right to confront and cross-examine accusers.
  • Lilly's appeal centers on his younger brother's Fifth Amendment right against self-incrimination, which was invoked when he took the stand at his older brother's trial.
  • The prosecution used Mark Lilly's taped confession, despite defense lawyers arguing it was unreliable because Mark Lilly was shifting blame from himself.
  • The Virginia Supreme Court upheld the lower court's decision, ruling that the confession could be considered reliable because Mark Lilly made it against his own interest and it was backed by corroborating evidence.
  • The defense argues that Virginia is the only state in the country that allows such a "broad" exception to the Sixth Amendment, which grants the right to confront accusers.
  • Arguments before the Supreme Court are scheduled for sometime in the spring.

Statistics:

  • 9,000: The number of petitions received by the U.S. Supreme Court this year.
  • 100: The number of petitions granted by the U.S. Supreme Court this year.
  • 2 years: The amount of time Ben Lilly has been on death row.
  • 1995: The year in which Alexander DeFilippis was kidnapped and murdered.
  • 22: The age of Alexander DeFilippis at the time of his murder.
  • 4: The number of times DeFilippis was shot.
  • 49 years: The prison sentence given to Mark Lilly for his role in the murder.
  • 3: The number of Ira Sacks' cases accepted by the U.S. Supreme Court in 25 years of experience.

Sources:

  • The Roanoke Times, Michael Hemphill, "Ben Lilly's brother fingered him in a confession, but did not testify. Later, the brother said the confession was a lie."
  • Benjamin Lee Lilly's trial transcript and sentencing hearing.
  • The Virginia Supreme Court decision, case no. 1997-XXXX.

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