Conspiracy charge stands in Center City Philadelphia building collapse case

A motion to throw out the conspiracy charge against the two men charged in last June's disastrous Center City building collapse was denied Tuesday by a Philadelphia judge.

Common Pleas Court Judge Benjamin Lerner denied motions by lawyers for demolition contractor Griffin Campbell and Sean Benschop, the operator of the excavator on June 5, 2013, when an unsupported common wall fell and crushed the Salvation Army thrift store, killing six and injuring 13.

"Both defendants independently knew what they were doing was extremely hazardous and created a high danger of the disaster that ultimately occurred," Lerner said.

Daine A. Grey Jr., the lawyer for Benschop, and William D. Hobson, representing Griffin, each blamed the other's clients for the collapse and argued there was no conspiracy to avoid the expense of a proper demotion.

"In no way was he in a partnership," Grey told Lerner. "He was a day worker following his employer's instructions."

Hobson argued that the prosecution's only evidence of a conspiracy was Benschop's statement to a federal safety inspector.

Hobson said he will move to have the pair tried separately to avoid the prejudice to Campbell of having to address Benschop's statement at trial where both men were defendants.

Assistant District Attorney Jennifer Selber argued that both men had the experience in demolition work to understand that an unsupported multistory-high wall was likely to collapse.

"It was plain to anyone who looked at it," Selber added. "They knew it was dangerous."

Campbell, 50, is charged with six counts of third-degree murder - one for each person killed last June 5 when the unsupported four-story wall at 2136 Market St. toppled onto the roof of the Salvation Army building.

Benschop, 43, whose real name is Kary Roberts, is charged with six counts of involuntary manslaughter.

Both men are charged with conspiracy and related charges including and 13 counts of reckless endangerment involving those injured in the thrift store.

A Philadelphia County grand jury continues investigating the collapse and possible charges against others.

Source: Philly.com