By JEFF FARRELL

Staff Writer

SEVIERVILLE — A witness list filed in the circuit court folder for murder charges against Kimberly Biggerstaff shows a number of witnesses who will testify that her husband, Rico Benitez, had a violent temper and others who say that Biggerstaff herself abused her daughter.

Biggerstaff and Benitez are charged with first-degree murder in the death of Biggerstaff’s 4-year-old daughter, Kayleigh. A specific date has not been set for trial.

A witness list included in fillings by Biggerstaff’s defense attorney, public defender Ed Miller, includes a summary of what each witness is expected to testify about. It outlines a pattern of injuries to Kayleigh Biggerstaff, as well as allegations that Biggerstaff was using drugs and that Benitez had beaten her and Kayleigh.

The list of witnesses includes Lisa Cardinal, of Goose Creek, S.C., one of Benitez’s sisters who also acted a caretaker for Kayleigh. It says she will testify that “(Social services) gave temporary custody of Kayleigh to her, Rico (was) abusive to Kim, (she) believes either are capable of hurting Kayleigh, Rico had bad temper, very controlling.”

Chelese Cabusora, another of Rico’s sisters, is expected to testify that he had an “explosive temper,” that she “saw Kayleigh eating dog food, saw Rico assault Kim because Kayleigh was crying, said Kim would take anger out on Kayleigh.”

Benitez’s ex-wife Holly Hill, of Goose Creek, S.C., is expected to testify that he is a “rageaholic” who would abuse her and then act remorseful afterward and used drugs, as well as that he gave up custody of their child. A woman listed as the child’s grandmother has apparently told authorities Rico had a violent temper and that she grabbed and threatened the child for crying when the child was three months hold; she said he would not tolerate crying.

Other testimony about Biggerstaff centers around alleged drug use. That includes a doctor who will testify that she told him she had lost a prescription for hydrocodone that was later found in her home, and a South Carolina woman who allegedly saw her use drugs.

The list was included in a motion for bond reduction for Biggerstaff; it was aimed at showing the state didn’t have strong evidence against Kimberly Biggerstaff. The judge rejected the request; Biggerstaff remains jailed with a bond set at $1 million.

Kayleigh Biggerstaff died Feb. 16. Court document say she died of complications from a ruptured bowel. Kimberly Biggerstaff and Rico Benitez were charged with first-degree murder and aggravated child abuse for her death in an indictment returned in May.

Court documents also show authorities in South Carolina ordered Kimberly Biggerstaff had been ordered to keep her daughter away from Benitez before the couple moved here.

jfarrell@themountainpress.com