Banis asks for new trial, not to testify

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by WHAS11

WHAS11.com

Posted on May 10, 2013 at 11:10 AM

Updated Tuesday, May 14 at 7:10 PM

LOUISVILLE, Ky. (WHAS11) -- In the midst of jury selection in the Jeffrey Mundt murder trial in Louisville, another twist involving his co-defendant Joseph Banis, who was convicted of murder two months ago.

When Banis was convicted of the murder, he agreed to testify against his co-defendant, Mundt, in exchange for prosecutors to take the death penalty off the table and recommend life with the possibility of parole in 20 years.

In a motion filed in circuit court, Banis asked not only to get out of testifying but also for a new trial.

 On the eve of Mundt’s trial, Banis came to court on Tuesday, May 14, pleading to get out of his conviction and a deal that would force him to testify.

Both Banis and Mundt were charged with killing James Carroll after a night of sex and drugs, then burying his body in the basement of their Old Louisville mansion.

Banis' attorneys argued their client's conviction was based entirely on Mundt's testimony, who they characterized as a liar who prosecutors knew wasn't telling the truth.

“A manifest injustice took place. A witness was put on the stand. He was not required to tell the truth and my client was convicted,” Darren Wolff said.

Attorneys also argued Banis didn't understand the sentencing agreement, sparing him the death penalty in exchange for his testimony against Mundt. 

“Do I think he understood? Absolutely. He absolutely understood. No doubt,” Assistant Commonwealth’s Attorney Ryane Conroy said.

Prosecutors argued Banis spent more than five hours with attorneys before signing the deal.

“Just like we should stick to our agreement, so should he stick to his agreement,” Conroy said.

The judge agreed.

“I'm denying your request to set it aside and your motion for a new trial,” Circuit Court Judge Mitch Perry said.


Jury selection was wrapping up in the Mundt case on Tuesday.

Opening statements are expected Wednesday, May 15.
In the midst of jury selection in the Jeffrey Mundt murder trial in Louisville there’s another twist involving his co-defendant Joseph Banis who was convicted of murder two months ago.

Mundt is charged with killing James Carroll and stuff his body in a storage tub under his Old Louisville home.

Mundt admits he was there, but says he didn't actually kill Carroll after a night of passion. He says his partner, Joseph Banis, killed Carroll.

Banis has already been found guilty of the murder.

When Banis was convicted of the murder, he agreed to testify against his co-defendant, Jeffrey Mundt, in exchange for prosecutors to take the death penalty off the table and recommend life with the possibility of parole in 20 years.

In a motion filed in circuit court, Banis asked not only to get out of testifying, but also for a new trial.

WHAS11's Adam Walser has more on the developments click on the video player above.

Jury selection was wrapping up in the Mundt case on Tuesday.

Opening statements are expected to start on Wednesday, May 15.
 

 

 

 

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