Feb. 23, 2011 – Courier-Journal
New Albany councilwoman’s retrial on drunken-driving charge postponed
The retrial of New Albany Councilwoman Diane Benedetti on a charge of operating a vehicle while intoxicated has been postponed to June.
The trial had been scheduled for Tuesday, but Bart Betteau, Benedetti’s attorney, requested a continuance Wednesday because he has a conflict with a different case.
Benedetti was charged in November 2009, and her first trial last May ended in a hung jury. Special Judge Frank Newkirk said the retrial is now set for June 7 and June 9.
Jan. 4, 2011 – The Tribune
http://newsandtribune.com/floydcounty/x2131362619/New-Albany-City-Councilwoman-Diane-McCartin-Benedetti-OWI-trial-delayed-again
By DANIEL SUDDEATH Daniel.Suddeath@newsandtribune.com
NEW ALBANY — A second jury trial for New Albany City Councilwoman Diane McCartin-Benedetti regarding her 2009 arrest for operating a vehicle while intoxicated has again been continued.
The hearing was scheduled to begin today in Floyd County Superior Court No. 2, but has been delayed until March 1 due to an inadequate number of returned jury questionnaires.
In August, Special Judge Frank Newkirk granted the defense’s motion for continuance until January. Benedetti’s attorney, Bart Betteau, requested the continuation as he was scheduled to represent another client in a case before the Indiana Supreme Court.
Benedetti was arrested by an Indiana State Police trooper in November of 2009 for OWI by refusal. According to police reports, Benedetti failed multiple field sobriety tests and blew a .10 on a hand-held breathalyzer at the scene.
The legal limit in Indiana is .08, but the test was ruled inadmissible.
Benedetti was later arrested at Floyd County Jail after she refused to take a certified chemical test, according to police reports.
Her first trial ended in a hung jury in May. Benedetti represents District 5, and has served on the city council since 2008.
Court records show March 1 and March 3 have been reserved for the trial.
New Albany councilwoman says ‘I’m innocent’
http://newsandtribune.com/floydcounty/x546283226/New-Albany-councilwoman-says-I-m-innocent
Diane McCartin-Benedetti arrested for DUI
By MATT THACKER
New Albany City Councilwoman Diane McCartin-Benedetti didn’t have much to say Monday following her weekend arrest for operating while intoxicated by refusal. However, she said her story will be told at a later date.
“I’m innocent and the facts will be forthcoming,” McCartin-Benedetti told The Tribune.
She declined to answer any questions or offer further explanation at this time.
McCartin-Benedetti, who represents New Albany’s fifth district, was pulled over by an Indiana State Police trooper at 2:30 a.m. Saturday on Spring Street in New Albany for exceeding the speed limit, ISP Sgt. Jerry Goodin said.
Goodin said the councilwoman was taken to the Floyd County Jail without incident.
McCartin-Benedetti was released on recognizance from jail at 10:44 a.m. on Saturday by Floyd County Superior Court No. 2 Judge Glenn Hancock.
Goodin said being charged with OWI by refusal could indicate that McCartin-Benedetti refused a breathalyzer, but Goodin said he did not have enough information about the case to confirm that.
The majority of people arrested for OWI either have to bond out or go before the judge. Two of the 11 people arrested for OWI over the weekend were released by Hancock. The judge said he usually receives two or three calls each weekend requesting to have someone charged with OWI released from jail.
“It’s no different on this (case) than any other one,” Hancock said. “If it’s someone I have some knowledge of or if an attorney has entered on the case, they’re released after their burn-off period.”
Hancock said that when contacted about an inmate, he calls the jail to find out the circumstances of the arrest. If someone is arrested for refusal, they must take a portable breathalyzer test at the jail before being released, Hancock said.
Council President Dan Coffey said he does not condone McCartin-Benedetti’s action, but he does not expect the council will take any action against her because it has no policing authority.
“I hate to see anybody in a difficult situation, but the bottom line is we all make mistakes,” Coffey said. “Sometimes it actually ends up making us a better person.”
Coffey said McCartin-Benedetti’s arrest underscores a growing problem in New Albany.
“If you look at all the development downtown, it’s all been alcohol establishments,” Coffey said. “Downtown is just saturated with them.”
McCartin-Benedetti is scheduled for an initial hearing next Monday. A court clerk said charges usually are not filed until a day or two before the initial hearing.
May 10, 2010
Councilwoman accused of OWI, trial begins today
http://newsandtribune.com/floydcounty/x712195606/Jury-of-three-men-three-women-chosen-for-Benedetti-trial
By DANIEL SUDDEATH Daniel.Suddeath@newsandtribune.com
FLOYD COUNTY — The trial over New Albany City Councilwoman Diane McCartin-Benedetti’s November arrest for operating a vehicle while intoxicated is scheduled to begin today.
A jury of six with one alternate was selected Monday in Floyd County Superior Court No. 2. More than 40 potential jurors were reduced to seven by Floyd County Deputy Prosecutor Abraham Navarro and Benedetti’s attorney, Bart Betteau.
Three men and three women comprise the jury, and the alternate is a man. All jurors for the case are white.
Benedetti — who represents New Albany’s fifth district — is facing a class C misdemeanor stemming from her Nov. 7, 2009 arrest.
Floyd Superior 2 Judge Glenn Hancock recused himself from the case last year, as the proceedings are being heard by Washington County Superior Court Judge Frank Newkirk Jr.
Newkirk told jurors arguments in the trial will start today and if a decision is not rendered, the case will be extended to Thursday.
Benedetti was announced as a defense witness that could potentially take the stand. For the prosecution, the arresting officer — Indiana State Trooper Randall Miller — is expected to testify.
According to police records, Benedetti was arrested for OWI by refusal following several attempts to test her blood-alcohol level.
Benedetti allegedly provided a “weak sample” when she was stopped at 2:30 a.m. at the corner of Spring and Woodrow avenues in New Albany. Benedetti had slow speech, bloodshot eyes and smelled of alcohol, according to the police report.
The breath test at the scene reportedly showed a .10 blood-alcohol content for Benedetti. The legal limit in Indiana is .08.
According to the police report, Benedetti was taken to Floyd County Jail where officers attempted to administer a certified chemical test on her. Benedetti reportedly took the test twice with both leading to invalid readings.
She “provided [a] lackluster effort to complete the test and tried faking like she was blowing several times” according to the affidavit.
Benedetti then refused to take a blood test at the hospital and was arrested.
Betteau seemed to be shaping an argument around the state’s evidence being circumstantial based on his line of questioning to potential jurors.
He spent several minutes providing the candidates with definitions of direct and circumstantial evidence, saying red eyes and the inability of someone to walk coherently are not concrete indicators that a person in under the influence.
“The law understands that circumstantial evidence is dangerous stuff,” Betteau said.
December 3, 2009
Hancock steps down as presiding judge; Washington County judge to hear case
http://newsandtribune.com/floydcounty/x546284336/Benedetti-OWI-hearing-moved-to-Thursday
By DANIEL SUDDEATH
The initial court hearing for New Albany City Councilwoman Diane McCartin-Benedetti has been rescheduled for Thursday in Floyd County Superior Court No. 2.
Floyd Superior 2 Judge Glenn Hancock recused himself Nov. 24 from the case, which has Benedetti charged with a class C misdemeanor count of operating a vehicle while intoxicated stemming from a Nov. 7 arrest. She has maintained her innocence, but has yet to enter a plea after her original Nov. 16 hearing was rescheduled at her request.
Benedetti, who represents New Albany’s fifth district, was released from jail by Hancock the same day of her arrest on her own recognizance. In most cases, those charged with OWI must bond out or appear before a judge. Benedetti was one of two people arrested over the Nov. 7 weekend released by Hancock.
“It’s no different on this [case] than any other one,” Hancock told The Tribune Nov. 9. “If it’s someone I have some knowledge of or if an attorney has entered on the case, they’re released after their burn-off period.”
Attempts to reach Hancock on Thursday were unsuccessful. The case will now be heard by Washington County Superior Court Judge Frank Newkirk Jr.
When a judge recuses the bench for a case, a replacement is chosen based on a rotating system, Newkirk said.
“There isn’t any subjective selection process,” he said.
Newkirk will judge the initial hearing and all pending motions, starting at 1:30 p.m. Thursday.
Among the motions, Benedetti’s attorneys have filed to suppress alleged statements made by Benedetti during and after the arrest. According to court records, Benedetti argued with state troopers after being pulled over at 2:30 a.m. Nov. 7 at Spring and Woodrow avenues in New Albany.
She was stopped for driving 40 mph in a designated 30 mph zone, according to the police report. Records state Benedetti skewed a certified chemical test at Floyd County Jail by providing a “lackluster effort to complete the test and tried faking like she was blowing several times.”
When asked to take a blood test, the report states Benedetti spurned the request and was subsequently arrested for OWI by refusal. According to court records, Benedetti scored a .10 for blood-alcohol content during a preliminary breath test given at the scene. The test was referred to as a “weak sample”.
The legal limit in Indiana is .08.
State police recommended Benedetti be charged with the more serious OWI class A misdemeanor. Court records showed Thursday the charge is still for a class C misdemeanor, which if convicted of, would not force Benedetti to step down from her council seat.
Calls to the Floyd County Prosecutor’s Office for verification of the level of the OWI charge were not returned as of press time.
August 31, 2010
After hung jury in May, second trial continued until January
By DANIEL SUDDEATHDaniel.Suddeath@newsandtribune.com
NEW ALBANY — A second trial for New Albany City Councilwoman Diane McCartin-Benedetti stemming from her 2009 arrest for operating a vehicle while intoxicated has been continued until next year.
Jury selection was scheduled to begin today, but Special Judge Frank Newkirk from Washington County granted a request by the defense to delay the trial until Jan. 4.
Benedetti’s attorney, Bart Betteau, asked for the continuation as he’s scheduled to represent another client in an Indiana Supreme Court case during the same time period as the OWI trial, Newkirk said.
The Floyd County Prosecutor’s Office did not object and therefore the motion was granted.
“It did appear that he had a good cause to ask for a continuation,” Newkirk said in a phone interview Monday.
A call to Betteau’s office seeking comment had not been returned as of press time.
Newkirk was named to oversee the trial after Floyd County Superior Court No. 2 Judge Glenn Hancock recused himself from the bench for the case last year.
The initial trial — in which Benedetti did not take the stand in her defense — ended in a hung jury May 11. She was arrested for OWI by refusal by an Indiana State Police trooper last November at the intersection of Spring and Woodrow avenues in New Albany.
Police reports allege Benedetti failed multiple field sobriety tests and blew a .10 on a hand-held breathalyzer at the scene. The legal state limit is .08, but that test was ruled inadmissible.
According to police reports, Benedetti refused to take a certified chemical test once she was transferred to the Floyd County Jail.
Newkirk denied a motion by the defense in July that if approved, would have forbidden prosecutors from mentioning her refusal of the test to jurors.
Regardless of the outcome of the trial, Benedetti could lose her driver’s license for up to one year by state law for refusing the certified chemical test.
Benedetti represents New Albany’s District 5 on the council.
Randy Smith for New Albany 