ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, October 22, 1996 TAG: 9610220090
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
Alexander V. DeFilippis died on a pile of debris next to a railroad track after being abducted and shot 10 months ago in rural Montgomery County.
On Monday, a prosecutor and the DeFilippis family did everything they could to bring images of the Virginia Tech student's life - and his brutal death - before the jury that will decide the fate of his accused killer, Benjamin Lee Lilly.
Circuit Judge Ray Grubbs disallowed most of those attempts, including a framed portrait of the smiling student and large lapel buttons that bore the same photo. But he also denied a defense motion for a mistrial after prosecutor Skip Schwab displayed the portrait during his opening argument in the capital murder trial.
Lilly, 28, of Riner, is accused of shooting DeFilippis in the head three times and leaving the man's body - clad only in underwear and socks - in the Whitethorne area of Montgomery County. DeFilippis, an environmental science major from McLean, was carjacked from the Heathwood Xpress parking lot in Blacksburg as he stood outside his car checking the tires. DeFilippis' roommate was inside the store making photocopies of notes to study for final exams.
Lilly and two other men are accused of a crime spree that authorities believe began with a burglary in Floyd County and ended with the men's arrests in Giles County after armed robberies of convenience stores in Eggleston and Pembroke and the killing of DeFilippis.
Gary Barker, 20, pleaded guilty in August and was sentenced to 53 years in prison for his role. As part of a plea agreement, Barker agreed to testify against Ben Lilly and Mark Lilly, Ben Lilly's 21-year-old brother. Mark Lilly is scheduled to go to trial Nov.19.
Barker did not take the stand Monday, but the defense acknowledged Barker's part in accusing Ben Lilly during its opening statement.
Chris Tuck, co-counsel for the defense, said the defense planned to prove that Ben Lilly did not shoot DeFilippis, despite Barker's statements to police.
``We believe the evidence will show the government made a deal with the devil, and that devil is Gary Barker,'' Tuck said.
Tuck proceeded to outline the testimony that the jury would hear in the trial and noted the number of people who would place the murder weapon - a
None of the 11 witnesses called by the state saw Ben Lilly holding the pistol in the 48 hours leading up to his arrest.
When Schwab brought out the murder weapon, DeFilippis' grandmother clutched a tissue and wept. The gun's owner identified it and said it was stolen from his Floyd County home.
Danny Sanders testified that the pistol he normally kept under a cushion of his couch was stolen Dec. 4, the night before DeFilippis was killed. Sanders also said he knew Mark Lilly and Gary Barker and believed they knew where the pistol was kept. Sanders said he had never met Ben Lilly.
The pistol eventually was found in Giles County when the Lilly brothers and Barker were arrested, but no fingerprints were found on the gun. Several other items taken from Sanders' home were found in a trailer Mark Lilly and Barker shared.
During a taped interview with Lt. Gary Price of the Giles County Sheriff's Office, Ben Lilly denied doing anything wrong - except handling a shotgun, a crime because he was a convicted felon.
When the 22-minute tape was played in court, Ben Lilly could be heard saying he had blacked out several times during the two-day drunken crime spree and that his brother's and Barker's crimes scared him.
``I was trying to figure out how the hell to get away from them,'' Ben Lilly said.
Schwab told the jury it was up to them to determine who was telling the truth.
``Three people were there; three people are responsible for his death; one pulled the trigger,'' he said.
LENGTH: Medium: 77 lines ILLUSTRATION: PHOTO: (headshot) Ben Lillyby CNB