CINCINNATI — The woman found guilty in the death of an 18-year-old Saint Ursula Academy alumna wants a new trial.
In 2018, a jury found Briana Benson guilty of murder, felonious assault, aggravated vehicular homicide and leaving the scene of a crash for the dragging death of Madie Hart.
Prosecutors said Benson hit Hart with her car and dragged her nearly 90 feet down Walnut Street on March 26, 2017. The incident was related to a dispute between Benson's sister and Hart's friend. Video from that night shows a brawl in the street before Benson hit Hart.
Years later, Benson wants a new trial. She said her trial lawyers failed to provide an expert report, required by state criminal procedure. Now, she is fighting her conviction before Common Pleas Judge Jennifer Branch.
Branch was scheduled to decide on the case today, but the judge’s decision was rescheduled for next month — something Hamilton County Prosecutor Melissa Powers was not happy about.
"This isn't the first continuance this is the fourth continuance," Powers said. "So each time the family gets ready, emotionally, they take off work. They're ready to come down to participate in the process and to be present and each time they have to be there, they go through the trauma."
Jeannine and Steve Hart said the pain they felt after losing their daughter is something they can't even put into words.
"Knowing that we thought justice was handled helped a lot with the healing process," Steve Hart said. "And the fact that we're going through this again is, God dang, I can't explain it. It's so confusing, really."
Steve Hart said his anxiety "amps up again" with each court appearance.
"You start thinking about the case again and you're like Jesus, I thought this was over," Steve Hart said.
The Harts said they believe Benson already had a fair trial.
"You’re just trying to get a do-over and trying to not take accountability for it because you didn't like the way that it turned out," Jeannine Hart said.
"If they would have said not guilty, we would have said it was a fair trial,” Steve Hart said. "We absolutely would have said it was a fair trial, and we would have moved on with our life."
The new court date is scheduled for Oct. 19.
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