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Tampa Man Gets New Trial After Conviction Tossed

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By JASON GEARY and JOSH POLTILOVE, The Tampa Tribune

Published: December 10, 2007

TAMPA - A Tampa man whose manslaughter conviction was overturned last week is scheduled to appear in court today.

Friday, the 2nd District Court of Appeal granted paralegal James Behanna's request for a new trial, reversing his 15-year-sentence for fatally stabbing 21-year-old Robert Mears of Tampa.

During his 2006 trial, the defense argued that Behanna had acted in self-defense when he stabbed Mears, but a jury convicted him of manslaughter.

"For Behanna to have a fair trial on his self-defense claim under the circumstances here, he is entitled to have the jury know that Mears had been engaged in a violent encounter with two people just minutes earlier," wrote Judge Morris Silberman on behalf of a three-judge panel.

On Dec. 7, 2005, Behanna asked a drunk and aggressive Mears to leave the parking lot of his wife's law firm, according to court records. Mears chest-butted Behanna, threw him to the ground and slammed him against a post before walking away.

Behanna followed Mears, so police would be able to arrest him. But Behanna testified that after Mears grabbed him by the neck and threatened to kill him, he stabbed him with a pocket knife.

The trial judge excluded evidence that Mears had beaten up a woman and "pulverized" his roommate minutes before his initial encounter with Behanna, according to the 2nd District Court of Appeal opinion. The trial court excluded that evidence because Behanna wasn't aware of what Mears had done before walking over to the law office.

Behanna, 38, who did not have a previous criminal record, should have been allowed to introduce the entire series of events leading to his encounter with Mears, the appellate court decision said.

Reporter Jason Geary can be reached at (813) 865-1505 or jgeary@tampatrib.com. Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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