MAKING A CASE FOR MURDER

Late last year Benefiel sued Mutual Benefit, demanding that it pay. John Cipriani learned of the suit and contacted Mutual Benefit's Denver-based attorney, James Gigax, to discuss the possibility of intervening in the case.

This past summer Mutual Benefit deposited $74,626.87 with the federal court and declared itself unable to determine whether Benefiel or the Ciprianis were entitled to it. And Gigax signed on as the Ciprianis' attorney. No trial date has been set.

In Benefiel's response to the Ciprianis and the insurance company, he "denies any involvement in the death of Cecilia M. Benefiel" and adds that "there has never been any arrest or conviction of any person in her death."

The Ciprianis, however, do not mince words. They "aver that Robert F. Benefiel in fact murdered their sister," adding that pursuant to Colorado's so-called "Slayer Statute," a named beneficiary who is found in a civil action to have committed first- or second-degree murder or manslaughter is not entitled to any benefit under the policy.

The standard of evidence is less stringent in civil court than it is in a criminal case, which means that, to win, the Ciprianis have to prove only that Benefiel is guilty "by a preponderance of the evidence" instead of "beyond a reasonable doubt." And they say they plan to go to court well armed. Gigax already has subpoenaed the criminal investigation file concerning C.C. Benefiel's murder, as well as the file of a personnel investigation conducted by the Colorado State Patrol on Bob Benefiel. (The CSP placed Benefiel on a lengthy administrative leave after his third wife accused him of threatening her. She subsequently divorced Benefiel, and he left the state patrol to train for a job as an underwater welder.)

Though he is a seasoned attorney, John Cipriani says he can't predict the outcome of the case. "I honestly don't know what will happen," he says. "It's scary for us. But something needs to be done. If nothing else, it'll take him to task.