Defendant, 81, can argue case in slaying

WEST PALM BEACH - A judge reversed an earlier decision Tuesday and allowed an 81-year-old man charged with shooting another man outside a synagogue to represent himself during the trial.

Palm Beach County Circuit Judge Lucy Chernow Brown advised Marc Benayer against acting as his own counsel during the trial slated for April 2008.

"I strongly recommend for you to use an attorney, but I find you are competent to make the choice not to have a lawyer," she said.

Benayer is accused of fatally shooting Jonathan Samuels, 44, as he left a Rosh Hashana service at the Chad Weltman Synagogue near Boca Raton in October 2005. Samuels died in July 2006.

Some mental health experts found Benayer suffers from dementia, paranoia, delusions and an obsessive-personality disorder, the South Florida Sun-Sentinel reported.

"I would like to represent myself to say the truth, but only the truth," he repeatedly told the judge.

Benayer was originally charged with attempted first-degree murder, but those charges were upgraded to murder.

Investigators said Benayer wanted Samuels and his business partner, Mark Levy, dead because the men helped Benayer's ex-girlfriend seek a restraining order against him.

While in jail, Benayer also was charged with trying to hire an undercover sheriff's detective to kill Levy and his former defense attorney.

Benayer acknowledged he takes medications and sometimes loses the ability to stay focused. He said he doesn't think that would be an issue at trial because the case is so important to him.

[Last modified October 3, 2007, 01:37:10]