ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, October 18, 1996 TAG: 9610180056
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: CHRISTIANSBURG
On day three of the Benjamin Lee Lilly capital murder trial, jury selection continued its crawl but at a slightly increased pace. Seventeen jurors, of the 24 needed, had been chosen.
Lilly, 28, of Riner, was arrested last year on capital murder charges after a Virginia Tech junior was found shot to death in December. Two other men, including Lilly's brother, Mark, also were charged in connection with the slaying.
If found guilty, Lilly could face the death penalty or life in prison.
Max Jenkins, Lilly's lead defense attorney, said he plans to prove that Gary Barker of Merrimac was the trigger man in the crime, not Lilly. Virginia law states that only the person who committed a homicide can be sentenced to death.
Skip Schwab, assistant commonwealth's attorney for Montgomery County, said Barker's testimony will be an important element of his case. Barker agreed to testify against Lilly as part of a plea agreement he made when he pleaded guilty in August.
Since the death penalty could be imposed, each potential juror is questioned separately by the defense, the prosecution and the judge. Ten jurors were seated Thursday in the case, and it took two days to seat the previous seven.
A jury pool of 24 people is needed before attorneys for both sides can make their five strikes allowed by the court, leaving 12 jurors and two alternates.
Schwab said if all goes well with jury selection today, opening arguments would be heard Monday.
The jurors will hear evidence about the Dec. 5 shooting death of a 22-year-old Tech junior from McLean.
Alexander V. DeFilippis' body was found in the Whitethorne area of Montgomery County after he was carjacked by three men from the parking lot of Hethwood Xpress in Blacksburg. He had been shot in the head three times.
Barker, 20, 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, he agreed to testify against Ben Lilly and Mark Lilly.
Mark Lilly, Ben Lilly's 21-year-old brother, is to go on trial Nov. 19. He and Barker told police that Ben Lilly shot DeFilippis.
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