Key Witness to Testify Early in Sam Harbin Murder Case

In Franklin County, a key witness in an upcoming murder trial may not be in the country when the case goes before a judge this summer and the prosecution has requested permission to hold a deposition before the witness is gone.

Rosio Stephanie Benitez Cruz is a native of El Salvador, and has lived in the United States for 20 years.

She was brought to the country illegally by her parents, but has had temporary protective status since 2001.

However, Cruz was notified recently that her status was being terminated.

She now plans to return to El Salvador this summer and go through the proper channels to re-enter the U.S. legally.

Cruz is a prime witness for the State in the murder trial of Rayfondia Craft and Kristen Odister.

The two are accused of killing Lavonia businessman Samuel Verner Harbin.

Both are charged with malice murder, felony murder, burglary in the first degree, home invasion, armed robbery, aggravated assault, aggravated battery and kidnapping.

If convicted, they could face the death penalty.

Harbin was discovered beaten to death inside his home in August, 2016 and his home ransacked.

According to the motion by Northern Judicial Circuit District Attorney Parks White, Cruz was employed by Harbin and it was she who discovered his body after he failed to answer his phone or show up to his office.

In his motion, White asked Superior Court Judge Thomas Hodges for permission to depose Cruz early in the event she could not be secured to testify at the trial.

According to White, with the current political climate toward immigration, there were no guarantees when or even if Cruz would be allowed back into the country.

The defense objected, stating it was the prosecution’s responsibility to ensure witnesses could be secured for the trial.

After hearing from both sides, Judge Hodges granted the DA’s motion and ordered the two attorneys to schedule a deposition in June prior to Cruz’s departure.