West Boca synagogue shooter will undergo mental evaluation again

By Nancy L. Othón

South Florida Sun-Sentinel

February 07, 2008

A judge who previously ruled that Marc Benayer was competent to stand trial has agreed to allow the 81-year-old man's mental condition to be evaluated once again.

Circuit Judge Lucy Chernow Brown signed an order this week granting attorney Chris Haddad's motion to have Benayer evaluated by two forensic psychiatrists.

'Based on his mental and physical condition, he is, in my estimation, continuing to deteriorate,' Haddad said.

Benayer was convicted last year of first-degree murder and is serving a life sentence for killing Jonathan Samuels during the 2005 Rosh Hashana services at a synagogue west of Boca Raton , but he still faces two counts of solicitation to commit murder.

Benayer is accused of hiring a hit man to kill Samuels' business partner Mark Levy and his former attorney, James Eisenberg, while he was awaiting trial on murder charges at the Palm Beach County Jail. The 'hit man' was an undercover deputy.

Benayer targeted Samuels and Levy because he thought they had interfered after his breakup with their employee, Marta Pinto. Benayer was allowed to represent himself during his murder trial in December but was given a stand-by counsel, Haddad, who repeatedly expressed concerns about Benayer's mental capacity.

The murder conviction is being appealed on several grounds, including the competency issue and several evidentiary rulings, Haddad said.

Two of three experts who examined Benayer last year found him competent to stand trial. This time, Boca Raton psychiatrist Abbey Strauss and Houston psychiatrist Seth Silverman will meet with Benayer for their evaluations.

Benayer's next hearing is scheduled for March 10.

Nancy Othon can be reached at nothon@sun-sentinel.com or 561-228-5502.

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