Cause of death of ASU law professor’s son in legal limbo

Ann and John Bender
Ann and John Bender

John Bender’s wife, Ann, faces third trial in Costa Rica

By Phil Riske | Managing Editor

There is no double jeopardy statute in Costa Rica, and that’s why Ann Bender faces a third trial there in the death five years ago of her husband, John Bender.

John Bender was the son of ASU law professor Paul Bender.

John Bender, a wealthy investor, died of a single gunshot wound to his head in the couple’s multi-million dollar estate in Costa Rica, where they established a 5,000-acre game preserve.

Ann Bender, who said John was despondent and committed suicide despite her attempts to stop him, was charged with murder in 2013, but was acquitted. A district attorney appealed her acquittal, and at a second trial in 2014, she was found guilty and sentenced to 22 years in jail.

Two of the prosecution’s witnesses markedly changed their testimonies from the first murder trial in 2013 to the second murder trial in 2014. In 2013, the forensics doctor said suicide was possible. In 2014 the same doctor said suicide was impossible.

Paul Bender, who teaches courses on U.S. and Arizona constitutional law, told CBS’ 48 Hours there was no crime committed in John’s death. He declined to be interviewed for this story, telling Rose Law Group Reporter he and his wife have ben burned in previous interviews.

According to media reports, both John and Ann had documented psychiatric problems, including bipolar disorder and suicidal tendencies.

An attorney by the name of Juan de Dios Alvarez managed the Bender’s $70M trust. A year before Ann’s first trial, police raided Alvarez’ offices and he was removed from trust management for failure of fiduciary duty. All of the trust’s $40M liquid assets have disappeared.

Ann Bender won a retrial after revelations about attorney Alvarez and other evidence. She has lodged a preliminary financial fraud court case against Alvarez to try to recover the trust’s assets.

For the past three years, Ann’s expenses have been paid by family and friends, who now say they’re “all tapped out.”

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