KINGOOD — The attorney who represented Richard Knotts in his 1990 murder trial testified Tuesday that he defended his client to the best of his ability.
But, Michael Benninger said, he always suspected that others in the family might have been involved in the murder of Robert Barlow Jr. And, had he had new forensic evidence currently available, he would have pursued that angle vigorously, Benninger said.
Knotts, now 59, is serving life without parole on a conviction of first-degree murder without mercy. He is seeking to have his conviction overturned on the basis of new blood tests and complaints that Benninger made errors at trial.
Senior Status Judge Larry Starcher is hearing the case and will rule later. Attorneys have 30 days to submit proposed findings of fact to the judge.
At a hearing in October 2019, Knotts testified that his brother, Dale, committed the murder and Richard took the blame because their mother told him to. Both his brother and mother are dead now, Knotts said, so he can’t hurt them.
Knotts waived his right to attorney client privilege so that Benninger could testify to matters they had discussed.
In the earlier hearing, the investigating officer in the case, Joe Stiles, testified that Knotts made several statements to police before his arrest and confessed to the murder.
Benninger said the statements were suppressed at trial, but Judge Robert C. Halbritter told him that if Knotts testified, he could be questioned about the statements. Ultimately, he chose not to put Knotts on the witness stand at trial, the attorney said.
Knotts told him he and Barlow had an altercation and Barlow was killed, Benninger said.
One of Knotts’ current attorneys, Jeremy Cooper, asked Benninger what he would have done if he’d had forensic evidence that a third party was involved and that there was no blood on a washcloth recovered at the Knotts home?
“I would have said, ‘Wow.’ I would have gone down that rabbit hole pretty deeply, I think,” Benninger replied.
Benninger said he always felt there was more to the story than Richard Knotts was telling him, but he could see that Richard might have been “defending his brother’s honor” over a woman who was involved with Dale Knotts and one of the Barlow brothers.
He also suspected that Knotts’ mother was pulling the strings and Richard Knotts was accepting the blame for something he didn’t do or didn’t do alone, Benninger said.
“Mom controlled her sons,” Benninger said.
Cooper and attorney John Brooks also asked Benninger whether he should have acted differently in jury selection. Benninger said he did what he thought was right.
Preston Prosecuting Attorney Melvin C. Snyder III asked Benninger if he was effective at the trial in his defense of Knotts.
“I hope that I was,” Benninger said.
Starcher noted that the case was appealed to the State Supreme Court, which ruled against Knotts.
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