Bennett's motion to drop murder charge denied - ABC 12 – WJRT – Flint, MI

Bennett's motion to drop murder charge denied

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BAY COUNTY (WJRT) -

(12/04/13) - A federal judge denied a motion to have a murder charge dropped in the killing of a 4-year-old boy.

Anthony Bennett is the accused killer. Police say he murdered Carnel Chamberlain in June of 2012.

U.S. District Court judge Thomas Ludington issued his written responses, Wednesday, to four motions Bennett's attorney filed, including the request to throw out the murder charge.

It began as a search for a missing boy on the Saginaw Chippewa Indian Reservation in Isabella County, but 4-year-old Carnel Chamberlain's remains were found buried under his mother's home and the mother's boyfriend, Anthony Bennett, who was babysitting the little boy, was charged with killing Chamberlain.
        
Its possible a cause of death will never be determined.
        
Bennett was at first charged with assaulting the boy but then four months later, he was charged with murder and several other crimes.
        
Bennett's attorney filed several motions in the case, including the dismissal of the murder charge, claiming it "is unconstitutionally vague" and that it violates Bennett's due process right "to adequate notice as to what constitutes the offense."

In denying the motion, Judge Thomas Ludington writes that none of the arguments made by Bennett and his attorney support their claim that the murder charge is unconstitutionally vague.
        
Bennett is in the federal prison at Milan as he awaits trial for the murder of Chamberlain.
        
The trial is set to begin in January.
        
Last month, he was convicted and sentenced to three to 10 years in prison for assaulting a corrections officer in the Bay County Jail in 2012.

Bennett's attorney who filed the motions, John Shea, was not available for comment.

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