benjamin by pengxiang

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									                                      Steven D. Benjamin
                                  Benjamin & DesPortes, P.C.
                                         P.O. Box 2464
                                 11 South 12th Street, Suite 302
                                   Richmond, Virginia 23218
                                         804.788.4444
                                     sdbenjamin@aol.com

Member, Virginia State Bar (June, 1979) United States Supreme Court (1984); Fourth Circuit
Court of Appeals (1984); United States District Court, Eastern and Western Districts of Virginia.

Partner, Benjamin & DesPortes, P.C.: Practice limited to criminal defense, appeals, and
governmental affairs.

       Virginia Senate Courts of Justice Committee, Special Counsel (2001 - )
       Virginia State Crime Commission, Special Counsel (2002 - )
       Virginia Indigent Defense Commission, Member (Senate appointee, 2004 - )
       Virginia Forensic Science Board, Member (Governor’s appointee, 2005 - )

Professional Associations:

       National Association of Criminal Defense Lawyers:
              Vice-President (2009 – 2011)
              Treasurer (2008 – 2009)
              Secretary (2007 – 2008)
              Board of Directors (2001 – 2007)
              Chair (2005-2006), Indigent Defense Committee
              Chair (2002-2004), Forensic Science Committee

       American Board of Criminal Lawyers, Fellow

       Virginia Association of Criminal Defense Lawyers:
              President (2004)
              Board of Directors (1990- 2005)

       American Academy of Forensic Sciences, Associate Member

       Bar Association of the City of Richmond, Member

       Chief Justice’s (Virginia) Indigent Defense Training Commission:
              Chair (2005 - )

       Virginia State Bar Professionalism Course, Faculty (2004 - 2006)

       Univ. of Richmond School of Law Adjunct Faculty (1997-2004), Scientific Evidence
Legislative Committees:

       Va. State Crime Commission 2010 Law Enforcement Work Group (2010)
       Va. State Crime Commission 2010 Protective Order Work Group (2010)
       Joint Advisory Committee on Computer Crimes (2004)
       Virginia State Crime Commission Task Force on 21 Day Rule (2003)
       Virginia Supreme Court (OES) Magistrate Study Advisory Committee (2002-2003)
       Virginia State Crime Commission Sub-committee on Execution of the Mentally Retarded
       (2002-2003)
       Virginia State Crime Commission Indigent Defense Study Committee (2002-2003)
       Virginia State Crime Commission Sub-committee to Reorganize Title 18.2 (Criminal
       Code) (2001)
       Virginia State Crime Commission DNA Task Force (2000)

Articles, Abstracts,
Presentations & Awards:

                     “Virginia Super Lawyers” (2001-2010); Invited Columnist, 2008;
                     Virginia Business “Legal Elite” (2001 - 2010);
                     Virginia State Bar, Lewis F. Powell, Jr., Pro Bono Award (2003);
                     NACDL President’s Commendation (2003, 2004, 2005, 2006);
                     Panelist, Brookings Institute (2007) “Prosecutorial Misconduct and
                     Abuses;”
                     Presenter, The Rutherford Institute (2002 – 2010);
                     Presenter, (March, 2011) NACDL Forensic Science Seminar, Law Vegas,
                     NV, “Finding, Funding, and Using an Expert.”
                     Presenter, (July, 2010) South Carolina Assoc. of Criminal Defense
                     Lawyers, Greenwood, SC, “Using the NAS Report to Confront Junk
                     Science;
                     Presenter, (June, 2010) Virginia State Bar Annual Meeting, Melendez-
                     Diaz in Virginia;
                     Presenter, (February, 2010) NACDL Winter Meeting, Austin, TX: “The
                     NAS Report and Related Matters;”
                     Presenter, (February, 2010) U.S. Dept. of Justice, National Symposium on
                     Indigent Defense, “DNA: Pretrial Investigation and Defense;”
                     Presenter, (November, 2009) Univ. of Richmond Law Review
                     Symposium: Melendez-Diaz in Virginia;
                     Presenter, (Sept., 2009) Office of the Wisconsin State Public Defender,
                     “Forensic Science: Friend or Faux?”;
                     Presenter (May, 2007), DNA for Prosecutors, Va. Inst. Forensic Science;
                     Presenter (March, 2006), Washington and Lee Capital Case Seminar;
                     Presenter (November, 2005), NACDL: “Finding and Funding An Expert”;
                     Presenter (May, 2005), Judicial Conference of Virginia (Mandatory
Judicial
                            Education);
                     Presenter (March, 2005), Virginia Annual Bar Leaders Institute
                     Faculty (May, 2005), Chief Justice’s Indigent Defense Training Seminar;
                     Presenter (August, 2004), ABA Criminal Justice Section, Atlanta GA;
                     Presenter (August, 2004), NACDL Annual Meeting, San Francisco, CA;
                     Presenter (July, 2004), Virginia Bar Assoc. “Proving Innocence;”
                     Presenter (2004), Virginia State Bar Criminal Law Conference;
                     Forward: “Broken Justice: The Death Penalty in Virginia,” American Civil
                            Liberties Union (11/12/2003);
                     Panelist, Multidisciplinary Session: Criminalistics/Jurisprudence,
                            “Prosecuting Drug Facilitated Sexual Assault Cases: Problems
                            Encountered / Technical Fallibilities,” presented at the American
                            Academy of Forensic Sciences Annual Meeting, 2002;
                     Co-author: A Plea to Virginia: Free the Innocent, Op/Ed (invited),
                            Washington Post, December 15, 2002;
                     Presenter (2002), Judicial Conference of Virginia (Mandatory Judicial
                            Education);
                     Co-author: “Other Acts Against Humanity: A Defense Attorney’s
                            Perspective on Virginia’s Death Penalty,” presented at the
                            American Academy of Forensic Sciences Annual Meeting, 2001;
                     Co-author: “Forensic Science and the Criminal Lawyer: A View From the
                            Front Lines,” presented at the American Academy of Forensic
                            Sciences Annual Meeting, 1999;
                     Co-author: Counsel’s Crumbs, Washington Legal Times, August 13, 2001;
                     Presenter (2001), Commonwealth Attorney’s Spring Institute;
                     Presenter (2001), Virginia Public Defender’s Annual Conference;
                     Presenter (2001), Virginia Association of Criminal Defense Attorneys.
                     Co-author: “Survey of Criminal Law and Procedure,” University of
                     Richmond Law Review (1988, 1991, 1992, 1993, 1997).

Other Presentations: Washington D.C. Assoc. of Criminal Defense Lawyers: (Spring 2002),
                     “Cross Examination of the Emotionally Charged Witness, (Spring, 1995)
                     “Creative Trial Defenses”; North Carolina Academy of Trial Lawyers:
                     Criminal Master in Advocacy; North Carolina Public Defender’s
                     Association: Annual Seminar; Virginia Public Defender’s Association:
                     Annual Seminar (numerous topics); Virginia College of Criminal Defense
                     Attorneys: (numerous topics); VTLA Annual Criminal Law Seminar
                     (numerous topics); Virginia Bar Association: Capital Defense Seminar;
                     Virginia Capital Case Clearinghouse, W&L School of Law: Defending a
                     Capital Case in Virginia.
Published Appellate Cases:

              Virginia v. Hicks, 539 U.S. 113(2003);
              United States v. Nathan, 202 F.3d 230 (2000);
              Cox v. Geary, 271 Va. 141, 624 S.E.2d 16 (2006);
              Commonwealth v. Hilliard, 270 Va. 42, 613 S.E. 2d 579 (2005);
              Commonwealth v. Hicks, 267 Va. 573, 596 S.E. 2d 74 (2004);
              Commonwealth v. Hicks, 264 Va. 48, 563 S.E. 2d 674 (2003);
              Hass v. Lee, 263 Va. 273, 560 S.E. 2d 256 (2002);
              Commonwealth v. Gregory, 263 Va. 134, 557 S.E.2d 715 (2002);
              Moore v. Commonwealth, 259 Va. 405, 527 S.E.2d 415 (2000);
              Robinson v. Commonwealth, 258 Va. 3, 516 S.E.2d 475 (1999);
              Husske v. Commonwealth, 252 Va. 203, 476 S.E.2d 920 (1996), cert. denied, 519
              U.S. 1154 (1997);
              Brown v. Commonwealth, 246 Va. 460, 437 S.E.2d 563 (1993);
              Harrison v. Commonwealth, 244 Va. 576, 423 S.E.2d 160 (1992);
              MuMin v. Commonwealth, 239 Va. 433, 389 S.E.2d 886 (1990);
              Wilson v. Commonwealth, 54 Va. App. 631, 681 S.E. 2d 74 (2009);
              Battle v. Commonwealth, 50 Va. App. 135, 647 S.E.2d 499 (2007);
              Kyer v. Commonwealth, 45 Va. App. 473, 612 S.E.2d 213 (2005);
              Hilliard v. Commonwealth, 43 Va. App. 659, 601 S.E.2d 652 (2005);
              Jones v. Commonwealth, 42 Va. App. 142, 590 S.E.2d 572 (2004);
              Peyton v. Commonwealth, 41 Va. App. 356, 585 S.E.2d 345 (2003);
              Humphrey v. Commonwealth, 37 Va. App. 36, 553 S.E.2d 546 (2001);
              Hicks v. Commonwealth, 36 Va. App. 49, 548 S.E.2d 249 (2001);
              Hicks v. Commonwealth, 33 Va. App. 561, 535 S.E. 2d 678 (2000);
              Taylor v. Commonwealth, 33 Va. App. 515, 534 S.E.2d 373 (2000);
              Luck v. Commonwealth, 32 Va. App. 827, 531 S.E.2d 41 (2000);
              Webb v. Commonwealth, 32 Va. App. 337, 528 s.E.2d 138 (2000);
              Benjamin v. Commonwealth, 28 Va. App. 548, 507 S.E.2d 113 (1998);
              Jefferson v. Commonwealth, 27 Va. App. 1, 497 S.E.2d 474 (1998);
              Harris v. Commonwealth, 26 Va. App. 794, 497 S.E.2d 165 (1998);
              Williams v. Commonwealth, 24 Va. App. 577, 484 S.E.2d 153 (1997);
              Brown v. Commonwealth, 24 Va. App. 1, 480 S.E.2d 112 (1997);
              Brown v. Commonwealth, 22 Va. App. 316, 469 S.E.2d 90 (1997);
              Husske v. Commonwealth, 21 Va. App. 91, 462 S.E.2d 120 (1995);
              Husske v. Commonwealth, 19 Va. App. 30, 448 S.E.2d 331 (1994);
              Thompson v. Commonwealth, 16 Va., App. 478, 431 S.E.2d 72 (1993);
              Clark v. Commonwealth, 12 Va. App. 1163, 408 S.E.2d 564 (1991);
              Chiles v. Commonwealth, 12 Va. App. 698, 406s.E.2d 413 (1991);
              Perkins v. Commonwealth, 12 Va. App. 7, 402 S.E.2d 229 (1991);
              Mundy v. Commonwealth, 399 S.E.2d 29 (1990);
              Williams v. Commonwealth, 11 Va. App. 149, 396 S.e.2d 860 (1990);
              Vihko v Commonwealth, 10 Va. App. 498, 393 S.E.2d 413 (1990);
          Mundy v. Commonwealth, 11 Va. App. 461, 390 S.E.2d 525 (1990);
          Hairston v. Commonwealth, 2 Va. App. 211, 343 S.E.2d 355 (1986).



Trials:
          Substantial experience as lead counsel in jury and non-jury trials in both state and
          federal court. State and federal capital representation successful in avoiding death
          penalty in all cases. Qualified in United States District Court as an expert witness in
          criminal defense.

          Recent trials include the following:

                 Commonwealth v. Gregoire (Richmond): Motion for judgment of acquittal
                 granted after three days of jury trial and two years of pre-trial litigation for
                 woman indicted for first degree murder.

                 Commonwealth v. Wiley (Chesterfield County): Retained by Chairperson of
                 Greensville County Board of Supervisors to defend spouse indicted for first
                 degree murder. Successful defense and two week jury trial resulted in Not
                 Guilty verdicts within two hours.

                 Commonwealth v. Ham (Greene County): Retained by the Virginia
                 Department of Game and Inland Fisheries to represent a Virginia State Game
                 Warden indicted for manslaughter in Greene County, Virginia. Successful
                 defense led to a dismissal of the indictment.

                 Commonwealth v. Harris (Southampton County): Retained by PETA to
                 represent two employees accused of stealing a hunting dog from a Deputy
                 Sheriff in Southampton County, Virginia. Successful defense led to an
                 acquittal, dismissal and expungement of the charges.

                 Commonwealth v. Frank Darnold (Chesterfield County): Retained by
                 Chesterfield Police Officer to defend criminal charge alleging the brandishing
                 of a firearm during an off-duty encounter with two motorists. Successful
                 defense and one day trial resulted in a verdict of Not Guilty.

								
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