Horry PD, Solicitor committed ‘misconduct’ in destroying tapes, convicted murderer argues

Police and local prosecutors covered up evidence, misled courts and engaged in a pattern of misconduct, says a man fighting his murder conviction.

The claims were part of the latest filing in the legal saga of Gary Bennett. Bennett was convicted of murder for the killing of Eva Marie Martin in 2000. He has been in jail since the conviction.

But, Bennett maintains his innocence and even won an appeal for a new trial.

This month, Bennett filed to have his pending murder charges dismissed because of the alleged misconduct.

During several pre-trial hearings, defense attorney Amy Lawrence argued the state has not produced requested evidence.

Recent testing did not find any of Bennett’s DNA on items police took from the crime scene.

Dismissing the charges

One of the main issues in the case — which Lawrence detailed in court and discussed throughout the motion to dismiss the charges —involves a videotape of co-defendant Andrew Lindsay.

Lindsay was convicted of murder in Illinois in 1990 and said he was in the kitchen when Bennett killed Martin. Lindsay was convicted of an accessory charge.

Bennett’s recent filing argues that statement by Lindsay is the only evidence used to convict Bennett.

The video in question reportedly showed Lindsay and his then-wife in an interview room at the Horry County police station. There, Lindsay confessed the killing to his now ex-wife and then the two had sex. Officers encouraged the meeting, the confession and the sex, the filing states. The encounter was filmed on 8mm tapes.

The ex-wife testified at a recent hearing that Bennett did not commit the murder.

Bennett did not know of the tape until after he won his new trial, but has faced obstacles in trying to see the original copy.

The filing notes that the first video provided to the defense was poor quality and edited. The next video the state provided was on VHS and it included 47 additional minutes of footage. It did not include the time when Lindsay was alone with his then-wife.

Later, defense and state attorneys met to view the original 88mm tape, but a police officer said the tapes were not what he recorded during the interview between Lindsey and the woman.

Bennett says the police destroyed the original tapes.

The filing also argues prosecutors misled the court when one said there was no recording that showed Lindsay and his then-wife, according to the filing.

“Despite continuously being confronted with evidence regarding the existence and content of this videotape, the assistant solicitor and the 15th Circuit Solicitor’s Office have engaged in willful blindness and misled defendant’s counsel and the court in a blatant effort to conceal the existence of Andrew Lindsay’s confession and the extent of State’s misconduct in the case,” according to the filing.

Bennett contends he can’t have a fair trial without the video. He added there is no other evidence outside of Lindsay’s statements that could be used to convict him.

With the lack of evidence and the misconduct, Bennett says his charges should be dismissed.

Jimmy Richardson, solicitor for the 15th Judicial Circuit, declined to comment on the accusation, saying they would answer during legal proceedings.

This story was originally published September 28, 2019 at 2:32 PM.