POCATELLO — Dennis Benjamin, attorney for convicted murderer Torey Adamcik, argued Friday that his client should be granted a new trial or at least a new sentencing for his role in the murder of Cassie Jo Stoddart in 2006.

    Bannock County deputy prosecutor Ian Service asked for summary dismissal of the case and said the defense in Adamcik’s murder case did not fall below standards.

    Sixth District Judge Mitchell Brown will now review the motions in the case and will either set an evidentiary hearing or issue a summary dismissal of the claim. There is no set date for the decision.        

    Adamcik was 16 when he and Brian Draper were charged with killing Stoddart, their classmate and friend.

    Benjamin asserts that Adamcik’s defense team was ineffective and the sentence, life in prison without the possibility of parole, is cruel and unusual punishment.

    Service argued that Adamcik’s defense team, which included Aaron Thompson, Greg May and Bron Rammell of Pocatello, acted responsibly and provided a solid, reasonable defense for Adamcik.

    Service also argued that the Idaho Supreme Court upheld the conviction and sentence of both Adamcik and Draper during the criminal appeal process.

    Benjamin is a partner in the Boise firm of Nevin, Benjamin, McKay and Bartlett and specializes in criminal defense and post-conviction appeals.

    Benjamin argued that Adamcik’s defense team did not produce expert testimony to show that just one knife was used in the killing of Stoddart and they did not attempt to obtain the two weapons taken into evidence.

    “Judge Peter McDermott would have granted them access for the experiment,” Benjamin argued.

    Stoddart sustained 29 wounds during the attack, medical reports said all fatal wounds were made with a knife with serrated blade that was associated with Draper.

    Benjamin said Adamcik’s defense did not introduce evidence that could prove that Adamcik was not responsible for the fatal wound.

    The defense lawyer also noted that there was no accomplice option in the jury instructions and Benjamin contends that a plea offer of 30 years fixed was once on the table, but never presented to Adamcik.

    Citing precedents set in the matter, Benjamin said juveniles like Adamcik and Draper are less culpable because they have less developed character and are immature. He said McDermott mandated the sentence of life without parole, but there was no substantial evidence that Adamcik stabbed Stoddart, or that if he did, that he inflicted the fatal wound.

    “Did Draper or (Adamcik) do the actual killing,” Benjamin said.

    Benjamin also stated that evidence collected during a search of Adamcik’s home, including a computer tower should have been suppressed. He also suggested that part of an interview with Adamcik, including a segment where he confessed to his father, should not have been admitted as evidence in the case.

    Service read statements from Rammell who said all plea deals in the case were rejected by Adamcik and his family.

    “They made it clear, it was acquittal or nothing,” Rammell said.      

    Service noted that a video made by Adamcik and Draper following the killing shows Adamcik planning their alibis and telling Draper to get rid of the clothing and knives. It was Draper who led investigators to the stash of evidence buried south of Pocatello.

    “The Supreme Court upheld the conviction. It is unnecessary for the state to prove that Adamcik inflicted the fatal wound,” Service said.

    He said that four search warrants were issued for the Adamcik house and all were signed by a judge with probable cause.

    Service said that Idaho provides discretion to judges and considering that Adamcik’s sole purpose for killing Stoddart was to achieve fame as a serial killer, the sentence is appropriate.

    When he handed down the sentence in 2007, McDermott said he believed that if Adamcik and Draper had not been caught and charged in Stoddart’s death, they would have killed again.

    Stoddart’s grandparents Paul and Josefina Sisneros said they believe the sentence was appropriate and they are anxious to see the appeal process come to a close. They watched Friday’s proceedings flanked by about a dozen friends and supporters — at times fighting back emotions.

     Paul and Josefina have attended every hearing and every appeal since the conviction in 2007. The new appeal alleges that Adamcik’s civil rights were violated during his trial.

    “Cassie’s civil rights were violated permanently,” Josefina said. “They just keep torturing us with this.”

    Paul and Josefina met Draper’s parents during an appeal hearing, but have had no contact with Adamcik’s family.

    “(The Drapers) told us they were sorry and we are sorry for them too,” Paul said.  “We hugged them.”