ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, October 16, 1996 TAG: 9610160039
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
It took 30 minutes Tuesday for attorneys and the judge to agree the first potential juror questioned for the capital murder trial of Benjamin Lee Lilly was qualified to sit on the jury.
The next five potential jurors were eliminated during 90 minutes of questioning after some admitted death would be the only punishment they could give if Lilly were convicted. By the end of the day, two who will be part of a jury pool of 24 were selected.
The 12-member panel selected will hear evidence about the Dec. 5 shooting death of Alexander V. DeFilippis, a 22-year-old Virginia Tech junior from McLean.
Jury selection could be a long process. Circuit Judge Ray Grubbs dismissed witnesses called to testify in the case until Thursday. He said he does not expect evidence to be brought before the court until then. Of the 24 selected, both the prosecution and defense will get to strike five from the list, leaving 14 members - 12 jurors and two alternates.
DeFilippis' body was found near railroad tracks in the Whitethorne area of Montgomery County after he was the victim of a carjacking by three men from the parking lot of Hethwood Xpress in Blacksburg. DeFilippis was forced to strip to his underwear and socks before he was shot in the head three times with a .38-caliber pistol.
Gary Barker, 20, of Merrimac pleaded guilty in August and received a 53-year prison sentence for his part in the crime spree, which included two armed robberies of Giles County convenience stores. As part of his plea agreement, Barker agreed to testify against Ben Lilly and Mark Lilly.
Mark Lilly, Ben Lilly's 21-year-old brother, is scheduled to go on trial Nov. 19. He and Barker told police that Ben Lilly, 28, shot DeFilippis.
Assistant Commonwealth's Attorney Skip Schwab said one difficulty in seating a jury is the need for a "death-qualified jury," or one that will consider imposing the death penalty.
In an interview before jury selection began, Schwab said, "You can't have people who would consider the death penalty in every case or never consider it."
The two punishments the jury will consider if Lilly is found guilty are life in prison or death.
Max Jenkins, lead attorney for the defense, said media coverage of the case has made it impossible for Ben Lilly to get a fair trial. Before jury selection began Tuesday, Jenkins held up that morning's edition of The Roanoke Times and said a Page One story about the trial contained prejudicial statements.
Schwab countered that some of the information would not have been public had it not been for Jenkins providing it to a reporter.
Ben Lilly sat flanked by his attorneys and watched as the people who will decide his innocence or guilt sat before the judge and answered questions about sentencing people to death. Lilly showed little emotion.
Grubbs said he understood that most everyone in the area heard news coverage of the case, but asked one potential juror if that information would bias the man's decision.
The man said, "That's a hard question to answer."
Grubbs agreed, but asked the man if after what he had heard could he keep an open mind as to Ben Lilly's guilt or innocence.
The man said, "No, I cannot."
LENGTH: Medium: 65 linesby CNB