Bennett's lawyer wants murder charge dropped, calls it 'unconstitutionally vague'
The lawyer for Anthony Bennett, the Isabella County man accused of killing 4-year-old Carnel Chamberlain wants the murder charge dropped.
Bennett's attorney, John Shea, filed a motion seeking dismissal of the charge claiming the grand jury indictment is "unconstitutionally vague" and that it violates Bennett's due process right to "adequate notice as to what constitutes the offense."
According to Shea, the indictment against Bennett alleges three different theories of first-degree murder: that it was premeditated, that it was allegedly committed while Bennett was abusing the child, which makes it felony murder, and that it was committed as a part of a pattern of prior assault.
Shea said he is challenging the third theory.
Chamberlain went missing on June 21st in Chippewa Township. After search efforts came back unsuccessful, police focused investigative efforts on Anthony Bennett, the child's mother's boyfriend. Police said Bennett had not fully cooperated with the investigation, saying "he was playing games with authorities."
Chamberlain's body was found under the porch of his home. He had been badly burned.
Bennett was originally charged with assaulting the 4-year-old, to which he pled not guilty and was denied bond.