He’s maintained innocence on a murder charge for 20 years. Now he goes before a jury.
A modern-day whodunit — who killed Eva Marie Martin on May 23, 2000?
The state says it was Gary Bennett, a man convicted of her killing. Bennett, who has spent 17 years in prison for her death, has maintained his innocence and says it was someone else. This week, he gets the chance to make his case about why his conviction should be tossed and he should be free.
“You can see this is a case of innocence covered up by incompetence and lies,” said Aimee Zmroczek, one of Bennett’s attorneys.
Zmroczek was one of a slew of state and defense lawyers in an Horry County courtroom on Tuesday as Gary Bennett’s retrial began. He was convicted of Martin’s murder, but was granted a post-conviction relief request. That decision paved the way for this week’s retrial on the murder charge.
Over the last several years, Bennett’s attorneys lobbed allegations of police misconduct and lies by co-defendant Andrew Lindsey to prove Bennett’s innocent.
Within minutes of the defense starting its opening statements, the proceedings turned contentious. Zmroczek mentioned the South Carolina Supreme Court declared that Bennett’s trial was unfair. That comment drew an objection from the state, which noted that the Supreme Court upheld Bennett’s conviction. It was an Horry County judge who granted the post-conviction relief and allowed the new trial.
Judge Thomas Cooper, who was appointed to oversee the new trial, said he was close to declaring a mistrial. But, instead he told the jury to disregard the comment.
State’s case
Senior Assistant Solicitor Mary Ellen Walter detailed how Lindsey and Bennett worked together and had committed other robberies. Lindsey was friends with Martin and Bennett was determined to rob the safe at the Surfside Beach Taco Bell where Martin worked.
Bennett’s obsession grew to where he stole Martin’s keys and made copies so he could get into the store, Walter said. Martin was told of the plan and refused to participate, Walter said.
On May 23, 2000, Bennett and Lindsey went to Martin’s home, Walter said. Lindsey was in a different room and said he heard Martin and Bennett talking. That conversation grew into an argument.
Then Lindsey heard nothing.
“He walked back to the first bedroom and sees the defendant standing over Marie, who is face down on the bed and there is blood everywhere,” Walter said.
Bennett then threw items around the bedroom and Lindsey left through the back door, Walter said. She added it didn’t take long for Martin to die.
“Her throat was slit from ear to ear in what would have happened in a matter of minutes,” Walter said.
Bennett left the home with a bag with a knife, a towel, a purse and other items, Lindsey said and relayed by Walter. Lindsey, who was convicted of being an accessory in connection to the case, is scheduled to testify during the trial.
Martin was not found until her roommate returned home, Walter said. For months, there were no suspects in her death.
Defense case
Zmroczek told the jury that the state’s evidence doesn’t make sense and that Bennett has waited decades to explain how he did not play a part in Martin’s murder.
“We have been waiting for 20 years for this moment,” Zmroczek said.
The case is one of incompetence and lies by investigators, Zmroczek said. She provided few details about the lies, but said the defense would present evidence that Bennett was not at the trailer the night of the murder.
It will be up to the jury to decide whether Bennett is guilty or not guilty, Zmroczek said. Though, Zmroczek wished the jury form had a third box in this case, one that read innocent.
“That is the box you will want to check,” she said.
This story was originally published October 20, 2020 at 2:51 PM.
