New date set for Weiner sentencing hearing

Mark Weiner's attorney Steve Benjamin leaves Albemarle Circuit Court on June 3, followed by members of Weiner's family, including his brother Michael Weiner, right. Photo: Courteney Stuart Mark Weiner’s attorney Steve Benjamin leaves Albemarle Circuit Court on June 3, followed by members of Weiner’s family, including his brother Michael Weiner, right. Photo: Courteney Stuart

On Monday, a judge agreed to an October 8 sentencing date for Mark Weiner, the 53-year-old former grocery store clerk convicted for abduction with intent to defile in May 2013.

Weiner’s attorneys have raised questions about the evidence used to convict him. They have pointed to expert testimony that contradicts the story that a chemically soaked rag was used to render the victim unconscious and information from cell phone towers that conflicts with the victim’s statement, and they have claimed Commonwealth’s Attorney Denise Lunsford withheld possible exculpatory evidence.

Albemarle County Circuit Court Judge Cheryl Higgins presided over the trial and has denied motions to set aside the conviction, despite the arguments from Weiner’s legal team. She, Weiner, and Weiner’s attorney, Richmond-based Steve Benjamin, were not present in court Monday.

The judge approved a request for a four-hour sentencing hearing.

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