Baltimore City Circuit Court Judge Nicole K. Barmore heard post-conviction motions on Oct. 2 as defense counsel sought a belated plea and modified sentence for a Baltimore man who was convicted in 2015 of first-degree murder and rape across two separate cases.
Benny Davis, __, is currently serving a sentence of life plus 35 years for the March 2013 murder of D’Andre Thomas, 25.
Defense attorney Brendan Patrick Costigan filed a motion requesting a belated plea and modification of sentences tied to five separate cases. Davis told the court he was dissatisfied with his trial outcome and had instructed his previous attorney to pursue a modification of his sentence.
Davis testified that he did not expect to receive such a severe sentence at trial and consequently informed his attorney at the time he intended to appeal. He said he later wrote to his attorney in March 2015 but never received a response. However, Davis admitted he possessed neither a copy of the letter nor any additional documentation proving he submitted his request.
The prosecution challenged Davis’ claims, arguing that his dissatisfaction with the trial’s outcome alone could not necessitate a formal motion for modification. The state also noted that Davis’ testimony lacked supporting evidence and that his attorney had already advised him about the process. Prosecutors further suggested that Davis could have used the prison mail system to follow up on his initial request in 2015, but failed to do so.
Judge Barmore questioned whether the state could provide evidence that the institution where Davis was housed had an operational mailroom, a detail the state said it would verify after the hearing.
The defense maintained that Davis’ in-court testimony and request for a sentence change should be considered sufficient to preserve his motion. The state countered that the advice given to Davis’ by his previous attorney invalidated the argument.
Judge Barmore said she would take the matter under consideration before issuing a decision.
