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Date: 04-29-2017
Case Style:
Polk County Florida Courthouse
Case Number:
Judge: Jalal Harb
Court: Circuit Court, Polk County, Florida
Plaintiff's Attorney: Kristie Ducharme
Defendant's Attorney: David Carmichael
Description: Bartow, FL - Unanimous Jury Recommends Death Sentence To Court
The Sate of Florida charged Benjamin Davis Smiley, Jr., age 24, first-degree murder and sought the death penalty for the killing of Clifford Drake, age 58, who was killed during a home invasion robbery. The State claimed that Smiley and another man broke into Drake's home and demanded that he tell them where his safe was located and shot him in the leg when he said that he did not have one. When the man continued to deny that he had a safe, Smiley shot him in the chest.
Smiley was identified with DNA on a backpack and jacket left at the scene of the crime.
Smiley was previously convicted of killing another man in 2015 shortly before Drake was killed.
Smiley's defense team challenged the DNA evidence and claimed that he suffered from brain aneurysms which affected his personality.
Outcome: Defendant was found guilty and the jury voted that he be sentenced to death.
Plaintiff's Experts:
Defendant's Experts:
Comments: