Wednesday, September 1st 2021, 7:24 pm
An Oklahoma family was relieved after the Oklahoma Court of Criminal Appeals ruled the man convicted of killing 16-year-old Braylee Henry would not get another criminal trial.
Miles Bench was another criminal caught in limbo following the McGirt ruling; now he's out of limbo and back on death row.
Braylee's mom, Renee Henson said she dreaded a second murder trial, and her prayers were answered when she got a call from the Stephens County district attorney.
"We've been praying for that and believing for that, and he called me yesterday and said we finally got it in writing," said Henson.
Bench is once again, guilty of Braylee’s 2012 murder after the Oklahoma Court of Criminal Appeals reinstated his conviction and sentence Tuesday.
"It is an emotional, stressful, just heart wrenching time to just think we'd have to redo that again and I’m so thankful this decision was handed down," said Henson.
Prosecutors said Bench beat the teen to death, then dumped her body in a field his grandparents owned. Bench lived with them at the time. He was arrested while driving Braylee's car.
A jury found Bench guilty in 2015 and sentenced him to death.
Bench, a member of the Choctaw Nation had his conviction overturned in May due to the Supreme Court's McGirt ruling. That decision potentially gave Bench a second chance.
"It was devastating, it was devastating. It was heart wrenching for our family, for our friends for those who know her and loved her," said Henson.
A separate state court decision ruled McGirt cannot be used retroactively. It spared Henson and Braylee's loved ones from a drawn-out legal battle.
"It is emotional turmoil. It's torture. It's torture to think about reliving, it took a week in court, but it took three years through the court system to get him convicted," explained Henson.
Miles Bench is expected to appeal the decision.
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